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MANUAL 



OP THE 



HOUSE OF REPRESENTATIVES U. S. ; 



BEING A 



DIGEST OF THE RULES OF THE HOUSE, 



JOINT RULES OF THE TWO HOUSES, 




AND 



OF SO MUCH OF JEFFERSON S MANUAL AS UNDER THE RULES GOVERNS THE HOUSE; OF PRECEDENTS 

OF ORDER AND USAGES OF THE HOUSE ; TOGETHER WITH SUCH PORTIONS OF THE 

CONSTITUTION OF THE UNITED STATES, LAWS OF CONGRESS, AND RESOLUTIONS 

OF THE HOUSE AS RELATE TO THE PROCEEDINGS OF THE HOUSE, 

AND THE RIGHTS AND DUTIES OF ITS MEMBERS. 



ARRANGED ALPHABETICALLY 



WASHINGTON: 

1859. 







-■-•■ 



N<* 



<a 



MANUAL 

OF THE 

HOUSE OF REPRESENTATIVES U. S 



ABSENCE FROM THE HOUSE. 

"No member shall absent himself from the service of Prohibited, unless 

by leave or from 

the House unless he have leave, or be sick or unable inabUit y t0 attend - 
to attend." — Enle 6. 

"A smaller number than a quorum may be authorized Less than a quo- 

. rum may be au- 

to compel the attendance of absent members, in such thorized to compel 

i- attendance. 

manner and under such penalties as each house may 
provide." — Const. 1, 5, 8. 

"Anv fifteen members (including the Speaker, if there Fifteen members 

v authorized to com- 

be one) shall be authorized to compel the attendance pel attendance. 

of absent members." — Rule 65. 

For mode of proceeding in case of the absence ofrroceed'gsincase 
members, see calls of the house. 

By the act of August 16, 1856, it is made the duty of Deduction fronu 

compensation for. 

the Sergeant-at-Arms to deduct from the monthly pay- 
- ments of members the amount of his compensation for 
each day that such member shall be absent from the 
House, unless such member shall assign as the reason for 
such absence the sickness of himself or of some member 
of his family. — Stat, at Large, Vol. II, jo. 49. 

ABSENCE FROM COMMITTEES OF THE WHOLE. 

" "Whenever the Committee of the Whole on the state when no qumim* 

by reason of,. ioi.L 

of the Union, or the Committee of the Whole House, to be called, 
finds itself without a quorum, the chairman shall cause 
the roll of the House to be called, and thereupon the 
committee shall rise, and the chairman shall report the 
names of the absentees to the House, which shall be 
entered on the journal. " —Rule 126. [As soon as the roll 



2 ACCOUNTS, COMMITTEES OF — ADHERE, MOTION TO. 

call is completed, the practice is for the chairman imme- 
diately to vacate the chair, and consequently to report 
as absentees all such as failed to answer to their names 
when called.] 

ACCOUNTS, COMMITTEE OF. 

its number, and This committee, to consist of five members, is directed 

when appointed. 

to be appointed at the commencement of each session of 
Duties of. Congress. — Rule 76. Its duty is to superintend and con- 

trol the expenditures of the contingent fund of the House, 
also to audit and settle all accounts which may be 
charged thereon. — Rule 102. And it is made the further 
duty of this committee to inquire into and report to the 
House any violation of the 150th rule in regard to the 
allowance of extra compensation to employes of the 
House, or their being interested in claims against the 
government. — Rule 150. 

ACCOUNTS FOR PAY AND MILEAGE. 
(See COMPENSATION.) 

ACTS AND ADDRESSES. 

To be signed by Acts and addresses shall be signed bv the Speaker. — 

the Speaker. J 

Rule 15. 

ADDRESS TO THE PRESIDENT. 

where to be pre- < ' Whenever the Senate and House of Representatives 

sented, by whom, m ± 

&c - shall judge it proper to make a joint address to the 

President, it shall be presented to him in his audience 
chamber by the President of the Senate in the presence 
of the Speaker and both houses.' ' — Joint Rule 11. 

ADHERE, MOTION TO. 

one ofthe ques- The questions respecting amendments from another 

tions on amend- x j. o 

mThoSr 11 ^^ 01186 are : lst > to a g ree ? 2d > disagree; 3d, recede; 4th, 
order in putting insist ; 5th, adhere — Manual, p. 110 — and take precedence 
question on. l in that or a er# __ Journals, 1, 23, p. 229; 1, 34, p. 1516 
to 1518. 



ADJOURN, MOTION TO. 3 

* ' In the ordinary parliamentary course, there are two usually at least 

^ x two conferences 

free conferences, at least, before an adherence" — Man- befyre adherence. 

ual, p. 122 — and sometimes three or four. — Journals, 1, 

34, p. 943; 1, 35, p. 1136. Although "either house is 

free to pass over the term of insisting, and to adhere in 

the first instance; but it is not respectful to the other." — 

Manual, p. 122. 

A conference may take place after a vote of adherence conference after 

J *■ one house adheres. 

by one house. — Journals, 1, 3, pp. 281, 283; 2, 3, p. 254; 
1. 34, pp. 1600, 1602; 1, 35, pp. 604, 615, 620; Senate 
Journal, Jan. 20, 1834; Manual, p. 125. 

"After each house shall have adhered to their dis- A j* er each house 

adheres, bill, &c, 

agreement, a bill or resolution shall be lost." — Joint lost • 
Rule 15. 

(See AMENDMENTS BETWEEN THE TWO HOUSES and CON- 
FERENCE COMMITTEES.) 

ADJOURN, MOTION TO. 

' 'A motion to adjourn, and a motion to fix the day to And to fix the day 
which the House shall adjourn, shall be always in order, ways in orde" g 
and these motions shall be decided without debate." — Rule Not debatable. 
48. It has been decided and acted upon that the motion 
"to fix the day to which the House shall adjourn" takes 
precedence of a motion "to adjourn;" the reason being Motion to fix the 
that, before the House adjourns, it is proper to fix thedenceof. 
time to which it shall adjourn — Note to same rule — but 
when less than a quorum is present, no motion can be unless no quorum 
entertained, except to adjourn, or for a call of the 
House. — Journal, 1, 29, p. 356, and Const, 1, 5, 8. 
[Consequently, at such a time, the motion to adjourn 
would take precedence.] 

"A motion for adjournment cannot be made while cannot be made 

. while another 

another is speaking." — Manual, p. 81. [But, according to ^ em ^ r t k e spea a" 
the practice, a member speaking may yield for a motion yield for * 
to adjourn, or that the committee rise, without losing 
his right to the floor when the subject is resumed.] 

' ' Nor can a motion to adjourn be received after another Not in order while 
question is actually put, and while the House is actually question, 
engaged in voting." — Manual, p. 94. 



4 ADJOURN, MOTION TO. 

can't be amended. "A motion to adjourn, simply, cannot be amended, as 
by adding 'to a particular day/ but must be put simply 
'that this House do now adjourn? 7 and if carried in the 
affirmative, it is adjourned to the next sitting day, unless 
it has come to a previous resolution, ' that at its rising it 
will adjourn to a particular day,' and then the House is 
adjourned to that day." — Manual, p. 131. 

when may be re- A motion to adjourn may be repeated, although no ques- 
tion has been put or decided since the former motion — 
Journal, 1, 23, p. 651 — but there must have been some 
intervening business. — Ibid., 1, 31, p. 1092. [Another 
motion submitted, progress in debate or reading a paper 
by the Clerk, an order of the yeas and nays, &c, has 
been considered such "intervening business" as will 
authorize a repetition of the motion to adjourn.] 

Hour of making ' ' The hour at which every motion to adjourn is made 

to be entered on * o 

journal. shall ^q entered on the journal." — Rule 49. 

Motion to fix the A motion to fix the hour to which the House shall ad- 

hour to which the # 

House ehaii ad- j urn does not take precedence of a motion to adjourn— 
Journal, 1, 29, p. 186 — and can only be made when reso- 
lutions are in order — Journal, 1, 29, p. 933— [or under a 
suspension of the rules when in order.] 

?n s a eake rnment ' ' ^ a question be put for adjournment, it is no adjourn - 

nouncesit. ment till the Speaker pronounces it." — Manual, p. 131. 

Legislative day There must be an adjournment before the legislative 

does not end until J & 

an adjournment, fay will terminate — Journal, 1, 33, p. 804— and- an ad- 
journment does not take place by reason of the arrival 
of the time for the regular daily meeting of the House. — 
Ibid., pp. 804, 811. And an adjournment does not neces- 
sarily take place at 12 o'clock a. m. on Sunday, nor is it 
against order for a majority to continue in session after 

For the House to the said hour, it being a question which must be left to be 

determine when it 

shau adjourn. decided by the judgment and discretion of the House 

itself.— Journal, 1, 24, pp. 577, 582. 
House cannot ad- ' ' Neither house, during the session of Congress, shall, 

journ of itself for ' & » i 

day?. tban three without the consent of the other, adjourn for more than 
three days, nor to any other place than that in which the 
two houses shall be sitting." — Const., 1, 5, 9. 

when president ' * In case of disagreement between them with respect 

may adjourn two m x 

houses. to the time of adjournment, the President may adjourn the 



ADJOURNMENT, SINE DIE. — AMENDMENT. 5 

two houses to such time as he may think proper." — Ibid., 
2, 3, 18. 

ADJOURNMENT, SINE DIE. 

The adjournment of a session (other than that which Form of resolution 
terminates with the expiration of the term of service of 
the members) is provided for by the joint vote of the 
two houses, and usually in the following form: ''Resolved 
by the Senate and House of Representatives, That the 
President of the Senate and the Speaker of the House 
of Representatives be authorized to close the present 

session by adjourning their respective houses on the 

day of , at — o' clock — m." 

And upon the arrival of that day and hour, or the when takes place. 
hour of 12 o'clock m. of the 4th of March, when, by 
the usage, the last session of a Congress terminates, the 
Speaker (either on or without motion) pronounces the 
House adjourned sine die. — Journals, 1, 28, p. 1362 ; 
1, 33, p. 1345; 1, 35,^. 1148; 2, 32, p. 431; 3, 34,^. 
691; 2, 35, p. 625. 

AGENTS FOR CLAIMS. — (See CLAIM AGENTS.) 
AGRICULTURE, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed, 

and its number. 

session a Committee on Agriculture, to consist of nine 
members. — Rule 76. 

[No duties are assigned to the Committee on Agricul- duties of. 
ture by the rules.] 

AMENDMENT. 

When a question is under debate, no motion shall be Precedence of mo 

tion to amend. 

received but to adjourn, to lie on the table, for the pre- 
vious question, to postpone to a day certain, to commit 
or amend, to postpone indefinitely; which several motions 
shall have precedence in the order in which they are 
arranged. — Rule 46. 

A motion to strike out the enacting words of a bill takes Motion to strike 

. out enacting words 

precedence of a motion to amend. — Rule 119. — (See 

ENACTING WORDS, MOTION TO STRIKE OUT.) 



b AMENDMENT. 

when in order to a A bill cannot be amended on the first reading. — 

bill. . ° 

Manual, p. 83. [Indeed, it has become the settled prac- 
tice of the House not to receive an amendment to a House 
bill except when the question is on its engrossment, and 
to a Senate bill except when the question is on ordering 
it to a third reading.] 

Sous U qu°efti b o y nr e " ^ ^e m °tion to amend is pending when a demand for 
. the previous question is made, it is not cut off by the order 
of the previous question. — Bute 50. 

An amendment to An amendment mav be moved to an amendment, but 

only in order. J ' 

it is not admitted in another degree. — Manual, p. 100. 
[But it is the well settled practice of the House that there 
may be pending at the same time with such amendment 
to the amendment, an amendment in the nature of a 
But there may be substitute for part or the whole of the original text, and 

also an amend- 

ment (in nature an amen d men t to that amendment. — (See Journal, 1, 31, 

of substitute) and V ' ' ' 

amendment to it. ^ ^^ 1075.) It was decided many years ago that if 
the motion to amend the original matter was first sub- 
mitted, it was not then in order to submit an amendment 
in the nature of a substitute. — Journal, 1, 19, p. 794; 
but it was subsequently decided otherwise — Journal, 1, 
28, p. 807 — and the practice ever since has been in 
accordance with the latter decision. So now, notwith- 
standing the pendency of a motion to amend an amend- 
ment to the original matter, a motion to amend, in the 
nature of a substitute, and a motion to amend that amend- 
ment may be received, but cannot be voted upon until 
the original matter is perfected.] 

Amendment of An amendment of the House to a Senate amendment is 

Senate's amend- i - ■, n i r n i r> 

ment. only m the first degree; for, as to the Senate, the first 

amendment with which they passed the bill is a part of 
its text; it is the only text they have agreed to. — Manual, 
p. 123.— (See amendments between the houses.) 

Paragraph pro- "When it is proposed to amend by inserting a paragraph, 

posed to be insert- . . 

ed may be first or part ol one, the friends of the paragraph may make it 
as perfect as they can, by amendments, before the ques- 
tion is put for inserting it. If it be received, it cannot 
be amended afterwards, in the same stage, because the 
House has, on a vote, agreed to it in that form."— Manual, 



AMENDMENT. 4 

v. 104. But an amendment which has been inserted may But not afterwards, 

* except by adding 

be added to. — Journal, 1, 19, p. 794. to. 

Although it is not in order to strike out by itself what or striking out part 

° ^ of original para- 

has been inserted, it may be moved to strike out a portion graph including it. 
of the original paragraph, comprehending what has been 
inserted, provided the coherence to be struck out be so 
substantial as to make this effectively a different propo- 
sition. — Manual, p. 106. 

If it is proposed to amend by striking out a paragraph, £j£f^ h be str p u r c ,~ 
the friends of the paragraph are first to make it as perfect J^™^ be first 
as they can, by amendments, before the question is put 
for striking it out. — Manual, p. 105. But, (contrary to 
the parliamentary practice,) if on the question it be re- Motion to 8trike 
tained, neither amendment nor a motion to strike out and 
insert shall be precluded thereby, and a motion to strike to strike out and 

A ^ insert indivisible. 

out and insert is indivisible. — Rule 53. — (See strike out, 

MOTION TO.) 

After a proposition is amended it cannot be withdrawn. — jjo witndrawai- 
Bule 45. 

A motion to amend cannot be modified after the pre- No modification of, 

after previous ques- 

vious question is seconded — Journal, 1, 28, p. 811 — [doubt- tion seconded. 
less for the reason that the pendency of the particular 
amendment may be the inducement for seconding the pre- 
vious question.] If a member yields the floor to another 
to offer an amendment, as he may do, the member yielding 
loses his right to reoccupy it. — Journal, 1, 26, p. 248. 

An amendment proposing to ingraft a general provision Proposing a gene- 

. . . . eral provision of 

of law upon a private bill is against order.— Journal, 1, ' a ™ t0 . a p^ ivate 

1 r o > > bill not in order. 

31, p. 784. It is also out of order to ingraft upon a bill 
for the relief of one individual a provision for the relief 
of another. — Journal, 2, 32, p. 414. 

No motion or proposition on a subject different from Must be germane 

i -i • • in -i'-it t P and not iucorpo- 

tnat under consideration shall be admitted under color of rate an y otner 

pending bill. 

amendment. And no bill or resolution shall, at any time, 
be amended by annexing thereto, or incorporating there- 
with, any other bill or resolution pending before the 
House. — Rule 55. The latter clause of this rule, as origi- 
nally reported to the House, contained at the end of it, 
1 ' nor by any proposition containing the substance, in whole May contain sub- 
or in part, of any other bill or resolution pending before bin. 
the House." These words were stricken out by the 



o AMENDMENT. 

House before it would agree to the rule, by which it 

would seem to have been decided that an amendment 

containing the substance of another bill or resolution may 

be entertained. — Note to Rule 55. [Such, too, has been 

the practice ever since.] It has been decided that an 

amendment including the same provisions, to a very great 

extent, as other bills pending before the House, is in 

order. — Journal, 1, 31, p. 1333. 

where inconsist- If an amendment be proposed inconsistent with one 

der. already agreed to, it is a fit ground for its rejection by the 

House, but not within the competence of the Speaker to 

suppress as if it were against order. — Manual, p. 104. 

Presents new ques- On an amendment being moved, a member who has 

ber 'who has spo- spoken to the main question may speak again to the 

ken to main ques- 

tion may speak amendment. — Manual p. 104. 

again. ' -*• 

To bills granting A bill granting lands to a State for railroad purposes 

lands for railroads. ° ° . ... 

may be amended by adding thereto a similar provision 

for other States. — Journal, 1, 32, pp. 427, 967. 
of resolutions. A resolution of the House cannot be amended so as to 

be converted into a joint resolution. — Journal, 1, 32, p. 

679. 
By way of rider No amendment by way of rider shall be received to 

to bill on third m m . 

reading. an y "bill on its third reading. — Bute 122. 

To the rules. An amendment to the rules cannot be proposed without 

one day's notice — Rule 136 — nor, without a similar notice, 
is it in order to offer an amendment, the effect of which 
is to change a standing rule. — Journal, 1, 17, p. 282. 
And it is virtually an amendment of the rules to impose 
other duties upon an officer of the House than those already 
prescribed. — Journal, 1, 31, p. 456. 

From committee An amendment reported from the Committee of the 

of the Whole or x 

senate not divisi- Whole as an entire amendment is not divisible. — Journals, 

ble. ' 

1, 28, p. 1061; 1, 29, pp. 366, 642; 1, 30, p. 1059; 2, 
30, p. 574. Nor is an amendment of the Senate divisi- 
ble. — Journal, 2, 32, p. 401. 
Additional, after After a bill has been reported from the Committee of 

report from Com- 
mittee of whole, the Whole with amendments, it is in order to submit an 

additional amendment, but the first question put is upon 

w . here > ™ com- the amendments reported. — Journal, 1, 29, p. 865. If, 

mitte of Whole, * ' 7 ■ x 

KfdTifen a Sruck in Committee of the Whole an amendment is adopted, 
and, subsequently, the paragraph as amended is struck 



AMENDMENTS BETWEEN THE TWO HOUSES. 9 

out, the amendment striking out is the only one to be 
reported to the House. And if the latter is voted down 
in the House, the first amendment is not thereby revived. — 
Journal, 2, 31, p. 346. 

No amendment shall be reported in a general appro- to general appro- 
priation bill, or be in order as an amendment thereto, for 
any expenditure not previously authorized by law, unless 
in continuation of appropriations for such public works 
and objects as are already in progress, and for the con- 
tingencies for carrying on the several departments of the 
government. — Rule 81. [This rule, so far as relates to 
amendments offered, is usually enforced with much strict- 
ness, but an instance is not known where the Committee 
of the Whole has ever ruled out any portion of a bill as 
reported from the Committee of Ways and Means, al- 
though containing provisions in violation of said rule.] 

(See APPROPKIATION BILLS.) 

AMENDMENTS BETWEEN THE TWO HOUSES. 

When either house, e. g. the House of ^Representatives, Regular progres- 
send a bill to the other, the other may pass it with mem to adherence. 
amendments. The regular progression in this case is: that 
the House disagree to the amendment; the Senate insist on 
it; the House insist on their disagreement; the Senate 
adhere to their amendment; the House adhere to their 
disagreement. — (See Manual, pp. 121, 122.) 

"After each house shalL have adhered to their dis- Effect of adne- 
agreement, a bill or resolution shall be lost."— Joint housea. 
Rule 15. 

"Either house may recede from its amendment and Either house may 
agree to the bill; or recede from their disagreement to 
the amendment, and agree to the same absolutely, or Motion to recede 

. _ 1 ,, „_ 7 . takes precedence 

with an amendment. — Manual, p. 122. And a motion to of motion to insist. 

recede takes precedence of a motion to insist. — Journals, 

1, 23, p. 229; 1, 29, p. 696. "But the House cannot House cannot re- 

, . . . cede from or insist 

recede from or insist on its own amendment with an °« its amendment 

with amendment, 

amendment. * * * They may modify an amendment Xer m houst™ e a- 
from the other house by ingrafting an amendment on mendment - 
it."— Manual, p. 122. 



10 APPEAL. 

Motion to amend "A motion to amend an amendment from the other 

an amendment of 

other house. house takes precedence of a motion to agree or disagree, 
one house may A bill originating in one house is passed by the other 

amend the other's ° ° x J 

amendment to its with an amendment. 

amendment. 

The originating house agrees to their amendment 
with an amendment. The other may agree to their 
amendment with an amendment, that being only in the 
second and not the third degree; for, as to the amending 
house, the first amendment with which they passed the 
bill is a part of its text; it is the only text they have 
agreed to. — Ibid., p. 123. 
Two conferences ' ' In the ordinary parliamentary course there are two 

at least before ad- 
herence. f ree conferences, at least, before an adherence." — 

Manual, p. 122; Journals, 1, 34, p. 943; 1, 35, p. 1136. 

Although either house is free to pass over the term of 

But House may insisting and to adhere in the first instance; but it is 

adhere in first in- 
stance; but motion no t respectful to the other. — Manual, p. 122. Amotion 

to insist takes pre- ■V ' -*• 

cedence. ^o ingjg^ however, takes precedence of a motion to ad- 

here. — Journal, 1, 34, p. 1516 to 1518. — (See conference 

COMMITTEES.) 

After adherence by "After one house has adhered, the other may recede — 

one house. 

Journals, 1, 1, pp. 113, 114; 1, 2, p. 152; 1, 8, pp. 671, 
673 — or ask a conference, which may be agreed to by 
the adhering house. — Journals, 1, 1, pp. 156, 157; 1, 3, 
pp. 281, 283; 1, 35, pp. 604, 615, 620.— (See adhere, 

MOTION TO.) 

APPEAL. 

Question of order ' ' A question of order arising out of any other ques- 

arising out of a 

question, to be de- ti on must be decided before that question." — Manual, p. 

cided first. u ' r 

101. 

Questions of or- Questions of order decided by the Speaker shall be 

der relative to mo- . 

tions, their reie- " subiect to an appeal to the House by any two mem- 

vancy,&c, subject ° L r J J 

t0 - bers; on which appeal no member shall speak more than 

Debate on. once, unless by leave of the House." — Bule 2. [The 

questions of order herein referred to relate to motions or 

propositions, their applicability or relevancy, &c. — Note 

to Bule 2.] But "all incidental questions of order arising 

when not debate- after a motion is made for the previous question, and 

able. . . r . 

pending such motion, shall be decided, whether on ap- 



APPEAL. 11 

peal or otherwise, without debate.' 7 — Rule 51. [So, too, 
under the practice, all questions of order which may arise, 
pending a question which is not debatable, must be 
decided without debate.] And ''all questions relating 
to the priority of business to be acted on shall be decided 
without debate."— Rule 113. 

" If any member, in speaking or otherwise, transgress in case of member 

transgressing rules 

the rules of the House, the Speaker shall, or any member m spea^ or in- 
may, call to order; in which case the member so called 
to order shall immediately sit down, unless permitted to 
explain; and the House shall, if appealed to, decide on Not debatable. 
the case, but without debate." — Rule 35. [The call to 
order herein referred to has reference only to "trans- 
gressions of the rules in speaking," or to indecorum of 
any kind.] 

(See order.) 

"If any difficulty arises in point of order during the No appeal on point 

J •> L ° of order during a 

division, the Speaker is to decide peremptorily, subject diyision - 
to the future censure of the House, if irregular." — 
Manual, p. 118. 

An appeal may be laid on the table — Journal, 1, 26, May be laid on 

. . , table,and its effect, 

p. 529 — and being laid on the table does not carry with 
it the whole subject. — Ibid., p. 530. [Of late years this 
motion is almost invariably made in case of an appeal, 
and, if carried, its effect is considered equivalent to a 
vote sustaining the decision of the Chair.] 

It is too late to renew a question of order on the admis- where too late to 
sibility of a proposition which has been overruled on the order, 
preceding day, where debate has been allowed to pro- 
gress on such proposition. — Journal, 1, 30, p. 989. And 
it is also too late to raise a question of order on a motion 
entertained without objection on a former day, and en- 
tered On the journal. IbiZ., 2. 30, p. 382. Question just de- 
cided on cannot be 

A question of order just decided on appeal cannot be renewed, 
renewed, even upon the suggestion of additional reasons. — 

Ibid., 1, 32, p. 935. Where too late to 

■* reconsider vote on 

Where an appeal has been decided, and by virtue of a PP eal - 
such decision a bill taken up and passed, it is too late to 
move a reconsideration of the vote on the appeal. — Ibid, 
1, 31, pp. 860, 861. 



12 APPKOPKIATION BILLS. 

Not in order while An appeal is not in order while another appeal is 

another is pending. 

pending.— Cong. Globe, 1, 27, p. 154; 2, 29, p. 290. 
How question on [The form of stating the question on an appeal is: 

Suited • 

" Shall the decision of the Chair stand as the judgment 
of the House?"] 
Questions of or- "All questions of order shall be noted by the Clerk, 

der to be noted and ....... 

put at end of jour- with the decision, and put together at the end of the 
journal of every session." — Rule 111. 

APPROPRIATION BILLS. 

General, when to " It shall be the duty of the Committee of "Ways and 
Means, within thirty days after their appointment, at every 
session of Congress commencing on the first Monday of 
December, to report the general appropriation bills — for 
the civil and diplomatic expenses of government, for the 
army, for the navy, and for the Indian department and 
Indian annuities; or on failure thereof the reasons of such 
failure." — Rule 79. [Under the practice of the House, 

what are general, of several years' standing, the general appropriation bills 
are: for "legislative, executive, and judicial expenses;" 
for "sundry civil expenses;" for "consular and diplomatic 
expenses;" for the "army;" for the "navy;" for "ex- 
penses of the Indian department;" for the "payment of 
invalid and other pensions;" for the "support of the 
Military Academy;" for "fortifications;" for "the ser- 
vice of the Post Office Department;" and for "mail 
transportation by ocean steamers."] 

General, to be re- The foregoing rule does not authorize the Committee of 

ported upon call of " ° 

committee. Ways and Means to report said bills at any time except upon 

a call of committees for reports. — Journal, 3, 34, p, 155. 

Appropriations for " In preparing bills of appropriation for other objects, 

ties not to be'in- the Committee of Ways and Means shall not include ap- 

cluded in. . 

propriations for carrying into effect treaties made by the 
United States; and when an appropriation bill shall be 
referred to them for their consideration which contains 
appropriations for carrying a treaty into effect, and for 
other objects, they shall propose such amendments as shall 
prevent appropriations for carrying a treaty into effect 
being included in the same bill with appropriations for 
other objects." — Rule 78. 



APPEOPRIATION BILLS. 13 

But where a general appropriation bill containing an ™J\™J™ e 
item for carrying out a treaty has been committed by the ruled out of order. 
House, it cannot be ruled out of order by the Committee 
of the Whole.— Cong. Globe, 2, 31, pp. 356, 357. 

"No appropriation shall be reported in such general Amendment to 
appropriation bills, or be in order as an amendment 
thereto, for any expenditure not previously authorized by 
law, unless in continuation of appropriations for such 
public works and objects as are already in progress, and 
for the contingencies for carrying on the several depart- 
ments of the government." — Rule 81. 

[This rule is rigidly enforced, so far as relates to 
amendments offered in the House or in committee, but 
it not unfrequently happens that bills are reported which 
are in conflict with it; and as they are usually received by 
the House and committed without being read in extenso, 
the conflict is not discovered until they are considered in 
committee, when it is too late to make the point.] 

"All proceedings touching appropriations of money And proceedings 

shall be first discussed in a Committee of the Whole discussed in com- 
mittee of the 

House." — Rule 133. [The construction given to this Whole - 
rule is, that all bills, or amendments thereto, containing 
an appropriation of money must be committed to a Com- 
mittee of the Whole before being considered in the 
House ; hence, if such a bill, on its engrossment or third 
reading, or such an amendment, be pending before the 
House, and no motion is made to commit or postpone, the 
House must pass from its consideration and the bill go to 
the Speaker's table.] 

But a bill directing the disbursement of money already Bins which need 
appropriated — Journal, 1, 24, p. 254 — or directing pay- as. 
ment of money hereafter to be appropriated — Journal 
1, 31, p. 1216 — need not be committed. Neither is it 
necessary that a bill containing an appropriation of lands 
should be committed. — Journal, 1, 30, p. 526. And when when point of 

,r , , , , , P . , „ order on cannot be 

the rules have been suspended lor the purpose of ena- wen taken, 
bling the report of a measure to be made, and also for its 
consideration, a point of order that it contains an appro- 
priation cannot be well taken. — Journal, 1, 34, pp. 1172, 
1173. 



14 BALLOT. 

Preference given " General appropriation bills shall be in order in pre- 

to general. 

ference to any other bills of a public nature, unless other- 
wise ordered by a majority of the House." — Rule 80. 
And in Committee of the Whole House on the state of 
the Union "general appropriation bills, and, in time of 
war, bills for raising men and money, and bills con- 
cerning a treaty of peace, shall be preferred to all other 
bills, at the discretion of the committee ; and when de- 
manded by any member, the question (of consideration) 
shall first be put in regard to them." — Rule 135. [Ex- 
isting special orders, however, (being made under a 
suspension of the rules,) take precedence of all other 
business.] 
Division of the ' ' Upon the engrossment of any bill making appropria- 

question on, for _ _ 1 r> • , i • , r> 

internal improve- tions oi money lor works oi internal improvement 01 

ments. 

any kind or description, it shall be in the power of any 
member to call for a division of the question, so as to 
take a separate vote of the House upon each item of 
improvement or appropriation contained in said bill, or 
upon such items separately, and others collectively, as 
the members making the call may specify ; and if one- 
fifth of the members present second said call, it shall be 
the duty of the Speaker to make such divisions of the 
question, and put them to vote accordingly." — Rule 151. 

BALLOT. 

"All committees shall be appointed by the Speaker 
unless otherwise specially directed by the House, in which 
when committees case they shall be appointed by ballot ; and if, upon such 
hy. ballot, the number required shall not be elected by a 

majority of the votes given, the House shall proceed to a 
second ballot, in which a plurality shall prevail : and in 
case a greater number than is required to compose or 
complete a committee shall have an equal number of 
votes, the House shall proceed to a further ballot or 
ballots." — Rule 7. "In all other cases of ballot than for 
committees, a majority of the votes given shall be neces- 
sary to an election ; and where there shall not be such 
a majority on the first ballot, the ballots shall be re- 
peated until a majority be obtained ; and in all ballotings 



BAR OF THE HOUSE — BILLS. 15 

blanks shall be rejected and not taken into the count in 
enumeration of votes, or reported by the tellers." — Rule 
11. 

"In all cases of ballot by the House the Speaker shall speaker shaii vote 

in cases of. 

Yote."— Rule 12. 

"No member or other person shall visit or remain byN° person to visit 

r J Clerk's desk while 

the Clerk's table while ballots are counting. " —Rule 39. counting. 

[There has been no instance for many years where JJ^^Jf years 
a vote by ballot has been taken in the House, the Speaker 
and other officers having been elected by viva voce 
votes, and the committees appointed by the Speaker.] 

(See elections and committees.) 

BAR OP THE HOUSE. 

"No member shall vote in any case where he was not in order to vote 

^ members must be 

within the bar of the House when the question was " witnin the bar -" 
put. And when any member shall ask leave to vote, 
the Speaker shall propound to him the question : 'Were 
you within the bar when your name was called.' " — Rule 
40„ [And upon his answer in the affirmative, or that 
he was within the bar before the name of the member 
next to his on the roll was called, he is permitted to 
vote. He must, however, answer the question for him- 
self, the Speaker always very properly refusing to decide 
for him whether or not he was within the bar.] 

[At the 1st session 35th Congress, (see Journal, p. what is meant by 

L ° ' v ' r " within the bar." 

337,) soon after the occupancy of the present hall, it was 
decided that, in order to be entitled to vote, a member, 
when his name was called, must have been upon the floor 
of the hall, and not outside of any of the doors leading 
into it.] 

"Upon a division or count of the House on any ques-^ T ° voteof amem- 

1 J u ber without, to be 

tion, no member without the bar shall be counted." — counted. 
Rule 41. 

bills. 

(See also private bills and private business.) 

Every bill shall be introduced on the report of a com- How wiis are in 

' t r troduced. 

mittee, or by motion for leave— Rule 114— or upon the 



16 



BILLS. 



Revenue bills. 



Bills on leave. 



Form of notice. 



To have notice ap- 
pear in newspaper. 



When to move for 
leave. 



Difficulties in the 
way of introducing 
bills on leave. 



Objections to the 
practice of intro- 
ducing bills on 
leave. 



report of the Court of Claims. — (Stat at Large, Vol. 
X, pp. 613, 614.) 

"All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose 
or concur with amendments, as on other bills." — Const 
1, 7, 10. 

' ' In the case of a bill on leave, at least one day' s no- 
tice shall be given of the motion in the House, or by 
filing a memorandum thereof with the Clerk, and having 
it entered on the Journal ; and the motion shall be made 
and the bill introduced, if leave is given, when resolu- 
tions are called for ; such motion, or the bill when intro- 
duced, may be committed." — Rule 114. 

[The notice above referred to is rarely given in the 
House, (it being in order to give it there only when 
resolutions are in order,) but is usually given to the Clerk 
by sending to him a written memorandum in this form : 
"Mr. gives notice that to-morrow, or on some sub- 
sequent day, he will ask leave to introduce a bill, (here 
insert its title.") If the member desires his notice to 
appear in the newspaper report of the proceedings of 
the House, he should furnish the reporter of such paper 
with a copy of the memorandum furnished the Clerk. 
Having given his notice, it is then in order, on any 
subsequent day, when resolutions are being called for, 
and when his particular State is called, to move for leave 
to introduce his bill. But the regular call of the States 
for resolutions occurs so seldom after the first few weeks 
of the session that an opportunity is rarely offered for 
making the motion in order. Hence, bills on leave are 
generally introduced only by the unanimous consent of 
the House. The practice of introducing bills on leave, 
besides its inconvenience, does not facilitate business. 
If, instead of waiting for an opportunity to introduce his 
bill on leave, the member would file his petition, or what- 
ever other matter he may have in favor of the proposed 
legislation, and have it referred to the appropriate com- 
mittee, as he may do on any day under Bute 24, (see pe- 
titions,) he will thus have the subject before them, and 
will get their report as speedily as if his bill had been 



BILLS. 17 

referred. Besides, the bill thus reported comes before 
the House unencumbered with amendments, as is not 
likely to be the case with a bill previously referred. 
These suggestions, of course, do not apply to cases where 
the immediate passage of a bill without the intervention 
of a committee is sought for, or where it is desirable 
to refer it to a select committee.] 

For information in regard to bills reported from a com- biiis reported from 

committees. 

mittee, see committees. 

So in regard to bills reported from the Court of Claims. — Biiis reported from 

« Court of Claims. 

See CLAIMS, COURT OF. 

"Every bill shall receive three several readings in Every bin shaii 

' ^ have three read- 

t'he House previous to its passage ; and bills shall be in s s - 
despatched in order as they were introduced, unless where 
the House shall direct otherwise ; but no bill shall be 
twice read on the same day without special order of the 
House." — RulellS. [The "special order" here referred 
to is generally assumed to have been given, for, unless 
objection is made, immediately after the bill is read a first 
time, the Speaker announces "the second reading of the 
bill," and it thereupon receives its second reading.] 

The first reading of a bill shall be for information, and, objection after first 
if opposition be made to it, the question shall be : "Shall 
this bill be rejected?" — Rule 116. And this question 
is debatable. — Journal, 2, 32, p. 152. But "if no oppo- 
sition be made, or if the question to reject be negatived, 
the bill shall go to its second reading without a ques- second reading, 
tion."— Rule 116. 

[The three readings of a bill are usually by the title, usually read bv„- 
the reading throughout usually taking place in Committee 
of the Whole ; but where there is no commitment, it then 
takes place whenever it is proposed to put the bill on its 
passage. It is the undoubted right, however, of any Right of a me*m- 

ber to have raa*i«L 

member to have a bill read throughout at every stage throughout. 
of its progress through the House. — See reading of 
papers.] 

"Upon the second reading of the bill, the Speaker After second *&&■ 
shall state it as ready for commitment or engrossment; 
and, if committed, then a question shall be, whether to a 
select or standing committee, or to a Committee of the 
2 



18 BILLS. 

Whole House; if no motion be made to commit, the ques- 
tion shall be stated on its engrossment; and if it be not 
ordered to be engrossed on the day of its being reported, 
it shall be placed on the general file on the Speaker's 
table, to be taken up in order. But if the bill be ordered 
to be engrossed, the House shall appoint the day when 
it shall be read the third time." — Bute 117. 

o P entodebate,&c. ' [The settled practice of the House upon the second 
reading of a bill, unless it be an appropriation bill, (which 
see,) is to consider it as open to debate. When, under 
the 4:6th rule, it is in a condition for a motion to lie on 
the table, for the previous question, to postpone to a 

commitment. day certain, to commit or amend, to postpone indefinitely, 
which several motions take precedence in the order in 

Enacting words which they are arranged. "But a motion to strike out 

may be stricken 

<""• the enacting words of a bill shall have precedence of a 

motion to amend; and, if carried, shall be considered 
equivalent to its rejection." — Rule 119. — (See all of said 
motions respectively.) 

Engrossment and The question of engrossment is put in this form, viz: 

third reading. 

"Shall the bill be engrossed and read a third time?" If 
it be negatived, the bill is rejected; but if it be decided 
in the affirmative, and the bill is actually engrossed, or 
no question is made on its failure to be engrossed, the 
Speaker immediately directs "the third reading of the 
bill." But if the question is made, and it be not actually 
engrossed, the bill goes to the Speaker's table. In the 
Third reading ofcase of a Senate bill, the engrossment having already 

Senate bills. 

been made before it came to the House, the question 
which arises is, "Shall the bill be read a third time?" 
which being decided negatively, the bill is rejected; but 
being decided affirmatively, the bill is immediately read 
a third time. 
After third reading. After the third reading of a bill, the question which 
next arises, in course, is, "Shall the bill pass?" At this 
Debate. stage the bill is again open to debate, but is not amend- 

Recommitment. able; it may, however, under the 120th rule, be recom- 
mitted at any time before passage. — (See recommit, mo- 
tion to.) 



BILLS. 19 

The bill having passed, and the title having been read, After passage. 
the Speaker states, "if there be no objection this will 
remain the title of the bill." The title, however, is Title, 
subject to amendment. 

[After the title is disposed of, it is usual for the member After title disposed 
having charge of the bill to move "that the vote last 
taken be reconsidered, and that the motion to reconsider 
be laid on the table;" which latter motion having been 
decided in the affirmative, no reconsideration can take 
place, and the transmission of the bill to the Senate can- 
not be delayed. Indeed, it is not uncommon to make the 
motion "to reconsider and lie" at every stage of the Jfotion^tojecon- 
bill.] 

The bill is then, as required by Bute 123, " certified ^ e fJ a e k d en by t fJJe 
by the Clerk, notifying the day of its passage at the foot Senate< 
thereof, J ' and conveyed by him to the Senate, ' ' together 
with all the papers on which it is founded," as required 
by Joint Bute 14. But "no bill that shall have passed 
one house shall be sent for concurrence to the other on 
either of the last three days of the session." — (Joint Not to be taken to 

the Senate on last 

Bute 16.) [This rule is almost invariably suspended by three days of ses- 
the two houses near the close of a session.] 

"While bills are on their passage between the two to be on paper, 

-,!-,-, , -, „ wnen on passage 

houses, they shall be on paper, and under the signature between the two 
of the Secretary or Clerk of each house respectively." — 
Joint Bute 5. 

[After the bill has been acted on by the Senate, it is After the return of, 

from Senate with 

brought back to the House by the Secretary of the amendment. 
Senate, together with a report of their action thereon. 
If it has passed with amendment, it is placed on the 
Speaker's table, to be taken up in its order under the 
21th rule. 

When taken up, the amendment of the Senate may be Action on senate 

x * amendment to. 

either agreed to, disagreed to, or agreed to with amend- 
ment; in case of an appropriation of money being involved 
in the amendment, however, it must be first considered in 
a Committee of the Whole. 

If the amendment of the Senate is agreed to, that body when the senate 

amendment is 

is notified of the fact by message through the Clerk, and ag reed t0 - 
the bill is enrolled. 



20 BILLS. 

Amendments be- In case of disagreement by the House to, or amendment 

tween the houses. ° 

of, the Senate's amendment, see amendments between the 
houses and conference committees. 
After passage by "After a bill shall have passed both houses, it shall be 

both houses, to be ■*■ 

ment! ed °" parch " dul y enrolled on parchment by the Clerk of the House 
of Representatives or the Secretary of the Senate, as the 
bill may have originated in the one or the other house, 
before it shall be presented to the President of the United 
States." — Joint Rule 6. 

when enrolled, to "When bills are enrolled, they shall be examined by a 

be examined. 

joint committee of two from the Senate and two from the 
House of Representatives, appointed as a standing com- 
mittee for that purpose, who shall carefully compare the 
enrolment with the engrossed bills, as passed in the two 
houses, and correcting any errors that may be discovered 
in the enrolled bills, make their report forthwith to their 
respective houses." — Joint Rule 7. 

(See ENROLLED BILLS, COMMITTEE ON.) 

when examined, "After examination and report, each bill shall be 

to be reported to , 

?y sp e eaker. ***** signed in their respective houses, first by the Speaker of 
the House of Representatives, then by the President of 
the Senate." — Joint Rule 8. 

After being signed "After a bill shall have been thus signed in each 

by presiding offi- ° 

e?toPresiden S t? nt " noT3se » ** sna ^ be presented by the said committee to 
the President of the United States for his approbation, it 
being first endorsed on the back of the roll, certifying in 
which house the same originated: which endorsement 
shall be signed by the Secretary or Clerk (as the case 
may be) of the house in which the same did originate, 
and shall be entered on the journal of each house. The 
said committee shall report the day of presentation to the 
President, which time shall also be carefully entered on 
the journal of each house." — Joint Rule 9. But "no 
bill or resolution that shall have passed the House of 
Representatives and the Senate shall be presented to the 
President of the United States for his approbation on the 

but not on last day last day of the session." — Joint Rule 17. [This rule, like 

of session. J L 

the 16th, is generally suspended near the close of the 
session.] 



BINDING. 21 

After a bill is presented to the President, "if he ap- After being pre- 

. . -p iin • • l sente( * t0 Presi- 

prove he shall sign it; but if not, he shall return it, with dent, 
his objections, to that house in which it shall have 
originated." — Const 1, 7, p. 10. [Where the President where wu is ap - 
approves a bill, it is customary for him to notify the 
house where the bill originated of the fact, and the date 
of his approval, which is entered on the journal.] 

In case of a bill returned with the objections of the Where vetoed - 
President. — (See veto.) 

"If any bill shall not be returned by the President JSSSiSS^ 
within ten days (Sundays excepted) after it shall have 
been presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress, by 
their adjournment, prevent its return, in which case it 
shall not be a law. 7 ' — Const. 1, 7, p. 10. And where he where President is 

x prevented from re- 

is prevented by an adjournment from returning a bill, it «™4?8 b y reason 

x ^ J o 7 of adjournment. 

is usual for him to communicate his reasons for not ap- 
proving it at the next session. — Journals, 2, 12, p. 544; 
1, 30, #. 82; 2, 35, jp. 151. 

"When a bill or resolution which shall have passed in where wu of one 

x house is rejected 

one house is rejected in the other, notice thereof shall in the other - 

be given to the house in which the same shall have 

passed." — Joint Rule 12. And when so rejected, " it N °t to be brought 

# J in again without 

shall not be brought in during the same session, without leaveoftw °- thirds - 
a notice of ten days and leave of two -thirds of that house 
in which it shall be renewed." — Joint Rule 13. 

In regard to bills left undisposed of at the end of a Bins undisposed of 

at end of session. 

session, see unfinished business. 



BINDING. 

Extra copies of documents, the size of which shall not of extra copies of 

documents. 

be less than 250 pages, shall be bound under the direc- 
tion of the Committee on Printing on the part of the 
House, at a cost not exceeding 12J cents per volume — act 
of March 3, lS5S.—Stat at Large, Vol. X, p. 190. 

"The Clerk shall have preserved for each member of of session docu- 
the House an extra copy, in good binding, of all the doc- 
uments printed by order of either house at each future 
session of Congress." — Rule 144. 



22 BLANKS — BOND — BOOKS. 

BLANKS. 

How filled. ' ' In filling up blanks, the largest sum and longest time 

shall be first put." — Rule 130. [But where a specific 
time or sum stands part of a motion, it is not until it is 
struck out, and a blank thereby produced, that this rule 
can begin to operate.] 

mtybefiikdbySe "-^ bill passed by the one house with blanks. These 

olher * may be filled up by the other by way of amendments, 

returned to the first as such, and passed." — Manual, p. 
107. 

£ bsSoto C 8! UIlted " "* n a ^ hallo tings blanks shall be rejected, and not 
taken into the count in enumeration of votes, or reported 
by the tellers."— Rule 11. 

BOND. 

Arms. Ser§eant " at " "The Sergeant-at-Arms shall give bond, with surety, 
to the United States, in a sum not less than five nor more 
than ten thousand dollars, at the discretion of the Speaker, 
and with such surety as the Speaker may approve, faith- 
fully to account for the money coming into his hands for 
the pay of members." — Rule 71. 

or cierk. The Clerk shall, within thirty days after he enters upon 

the duties of his office, give bond to the United States, 
with one or more sureties, to be approved by the Comp- 
troller of the Treasury, in the penal sum of twenty thou- 
sand dollars, with condition for the faithful application 
and disbursement of the contingent fund of the House. — 
Stat, at Large, Vol. Ill, p. 212. 

BOOKS. 

Price of, received ic If any books shall hereafter be ordered to and re- 

by members, to be ^ , 

deducted from ceived bv members of Congress bv a resolution of either 

compensation. J . 

or both houses of Congress, the price paid for the same 
shall be deducted from the compensation provided for 
such member or members: Provided, however, That this 
shall not extend to books ordered to be printed by the 
public printer during the Congress for which the said 
member shall have been elected." — Stat, at Large, Vol. 
XI, p. 49. 



BRIBERY. 23 



BRIBERY. 

An offer to bribe a member is held to be a breach of Attempted, of 

member breach of 

the privileges of the House. — Journals, 1, 4, 389; 1, 15, privilege. 
117, 154; Manual, p. 55. 

By the act of February 26, 1853, it is provided "that of members of 
if any person or persons shall, directly or indirectly, 
promise, offer, or give, or cause or procure to be promised, 
offered, or given, any money, goods, right in action, bribe, 
present, or reward, or any promise, contract, undertaking, 
obligation, or security for the payment or delivery of any 
money, goods, right in action, bribe, present, or reward, 
or any other valuable thing whatever, to any member of 
the Senate or House of Representatives, after his election 
as such member, and either before or after he shall have 
qualified and taken his seat, or to any officer of the United 
States, or person holding any place of profit or trust, or 
discharging any official function under, or in connexion 
with, any department of the government of the United 
States, or under the Senate or House of Representatives 2o2!e ploy6softhe 
of the United States, with intent to influence his vote or 
decision on any question, matter, cause, or proceeding 
which may then be pending, or may by law, or under the 
Constitution of the United States, be brought before him 
in his official capacity, or in his place of trust or profit, 
and shall be convicted thereof, such person or persons so 
offering, promising, or giving, or causing or procuring to 
be promised, offered, or given, any such money, goods, 
right in action, bribe, present, or reward, or any promise, 
contract, undertaking, obligation, or security for the pay- 
ment or delivery of any money, goods, right in action, 
bribe, present or reward, or other valuable thing what- 
ever; and the member, officer, or person who shall in any- Acceptance of 
wise accept or receive the same, or any part thereof, shall 
be liable to indictment as for a high crime and misde- 
meanor in any court of the United States having juris- 
diction for the trial of crimes and misdemeanors, and 
shall, upon conviction thereof, be fined not exceeding Penalty for. 
three times the amount so offered, promised, or given, 



24 BUSINESS— DAILY ORDER OP. 

and imprisoned in a penitentiary not exceeding three 
years; and the person convicted of so accepting or re- 
ceiving the same, or any part thereof, if an officer or 
person holding any such place of trust or profit as afore- 
said, shall forfeit his office or place; and any person so 
convicted under this section shall forever be disqualified 
to hold any office of honor, trust, or profit under the 
United States. 77 — Stat, at Large, vol. X, p. 171. 

BUSINESS — DAILY ORDER OF. 

rT ortf°oj° u «?m- "^ S soon as ^ Q J ourna l i s rea d reports from committees 
mittees. shall be called for and disposed of.' 7 — Bute 23. Reports 

from committees having been disposed of, the Speaker 
can for resolutions. s ^ a n then call the States and Territories for resolu- 
tions — Bute 25 — and at this time bills on leave may be 
introduced. — Bute 114. After one hour thus devoted, it 
^"abfe 01181 * 6 ^"^ 8 * n 0Y & er ^° move to proceed to dispose of the business 
on the Speaker's table, and to the orders of the day. — 
Bute 27. [Such is the regular order of business, which 
SyrsTtu e raa° y n , ma y fr e pursued under the rules each day, except Fridays 
and alternate M 0n : and g aturdayS) wn i c h, under the 2dth and 30th rules, are 
set apart for the consideration of private bills and private 
business, and each alternate Monday, which, under the 
26th rule, is to be devoted to the call of the States and 
Territories for resolutions; and if this order was more 
faithfully pursued than has been usual for a few years 
interference with past, much more business could be transacted, and the 
business. Speaker's table would be found a much more desirable 

resting place for bills than it has been in the experience 
of recent members. Some years ago it was customary, 
each day, as soon as the morning hour expired, to go to 
business on the Speaker's table, and a very short time 
thus devoted enabled the House to clear it off. It being 
in order at any time, by a majority vote, under Bute 136, to 
go into Committee of the Whole on the state of the 
Union, it is the almost daily practice of the House, im- 
mediately after reports of committees are disposed of, to 
avail themselves of the privilege, thus permitting an 
accumulation of business on the Speaker' s table, which 



BUSINESS — DAILY ORDER OP. 25 

in time becomes truly formidable. It is an almost daily 
practice, too, for much time to be consumed in receiving 
applications for the consideration of business out of its 
order — applications which are often resisted, and conse- 
quently defeated, and which, but for the time thus con- 
sumed, might be reached in order. The regular order of 
business is often interfered with by questions of privilege, 
special orders, privileged questions, &c. It frequently 
happens, too, that the House adjourns immediately after 
ordering the main question on a bill or motion pending, 
in which case the putting of the main question takes pre- 
cedence over every other kind of business at the next 
meeting of the House. — See Journal, 2, 28, p. 310.] 

"Friday and Saturday in every week shall be set apart Friday and satur 
for the consideration of private bills and private business, 
in preference to any other." — Rule 29. [On those days, 
as soon as the journal is read, the Speaker proceeds to 
call the committees for reports of a private nature, (giving 
precedence, under the 154th rule, to business from the 
Court of Claims before the Committee of Claims,) which, 
being disposed of, it is his practice, without motion, to lay 
before the House such business of the same character as 

may be upon his table. It is then usual for some member Mode of proceed- 
ing on Friday and 

(commonly the chairman of the Committee of Claims) to Saturda y- 
move that the House resolve itself into a Committee of 
the Whole on the private calendar. This motion may 
be, and often is, made as soon as the journal is read. 
Although this motion takes precedence of the motion to 
go into Committee of the Whole on the state of the 
Union, and, if made, must be first voted od, the latter 
motion is often made and carried, and thus private bills 
fail to receive consideration.] 

"On the first and fourth Friday of each month the objection days, 
calendar of private bills shall be called over, (the chair- 
man of the Committee of the Whole House commencing 
the call where he left off the previous day,) and the bills 
to the passage of which no objection shall then be made 
shall be first considered and disposed oV—Rule 30. It 
has been decided that this rule, so far as relates to the 
consideration of bills only which are not objected to, 



26 BUSINESS — ON THE SPEAKER'S TABLE. 

applies as well to private bills in the House as in com- 
mittee. — Journal, 1, 31, p. 697. 

erSe Mon a d C ay. al " " 0n each alternate Monday all the States and Terri- 
tories shall be called for resolutions." — Rule 26. [As 
soon as the journal is read on this day, the Speaker 
announces as in order the call of the States and Territories 
for resolutions; but, as it is equally in order, under the 

order every Mon- 13 7 ttl ru ^ for the Speaker "at any time on Monday of 
every week" to entertain a motion to suspend the rules, 
the call for resolutions is usually defeated. 

on r iy r cS f an b g U ed ine by " The order of busin ess, as established by the rules, 

two-third 8 vote, shall not be changed, except by a vote of at least two- 
thirds of the members present." — Rule 136. [And as 
the motion to suspend the rules can only be made on 
Mondays and the last ten days of a session — Rule 137 — 
no change of the order of business can ordinarily be made.] 



when motion may "After one hour shall have been devoted to reports 

be made to go to. * 

from committees and resolutions, it shall be in order, 
pending the consideration or discussion thereof, to enter- 
tain a motion that the House do now proceed to dispose 
of the business on the Speaker's table." — Rule 27. [The 
when morning " hour " — known as the "morning hour" — is construed 

hour begins. 

to begin from the announcement by the Speaker to the 
House that reports of committees are in order, and it is 
not necessary that resolutions shall have been called for. 
It is an invariable practice, too, to permit a member, upon 
Floor may be taken the expiration of the morning hour, to take the floor, even 

irom member to r ° 7 ' 

make motion. though another may be occupying it, to make the motion 
to proceed to business on the Speaker's table. But this 
motion is not made daily, as was evidently contemplated 
by the rules, and as was the early practice; and, when made, 
is not always voted affirmatively; hence there often occurs 

Accumulation of. that heavy accumulation of business on the table, which 
makes it so much dreaded as the depository of bills.] 

order of dispos- The motion to go to business on the Speaker's table 
"being decided in the affirmative, the Speaker shall dis- 
pose of it in the following order, viz : 

"1st. Messages and other Executive communications. 



BUSINESS — ON THE SPEAKER'S TABLE. 27 

u 2d. Messages from the Senate, and amendments pro- 
posed by the Senate to bills of the House. 

1 ' 3d. Bills and resolutions from the Senate on their first 
and second reading, that they be referred to committees 
and put under way; but if, on being read a second time, 
no motion being made to commit, they are to be ordered 
to their third reading, unless objection be made ; in which 
case, if not otherwise ordered by a majority of the House, 
they are to be laid on the table in the general file of bills 
on the Speaker's table, to be taken up in their turn. 

"4th. Engrossed bills and bills from the Senate on their 
third reading. 

"5th. Bills of the House and from the Senate on the 
Speaker's table, on their engrossment, or on being ordered 
to a third reading, to be taken up and considered in the 
order of time in which they passed to a second reading. 

"The messages, communications, and bills on his table 
having been disposed of, the Speaker shall then proceed 
to call the orders of the day." — Rule 27. 

"The Clerk shall make a weekly statement of the reso- weekly statement 

of business on 

lutions and bills upon the Speaker's table." — Rule 14.5. table. 
[A printed copy of this statement is laid upon each mem- 
ber' s table every Monday morning.] 

' ' The unfinished business in which the House was en- unfinished busi- 
ness at adjourn- 

gaged at the last preceding adjournment shall have prefer- ™j^ d ™e d en t0 be 
ence in the orders of the day; and no motion on any other 
business shall be received, without special leave of the 
House, until the former is disposed of." — Rule 58. [Under 
the 21th rule, "the orders of the day" here referred to 
do not come up regularly for consideration until the five 
enumerated classes of business on the Speaker' s table are 
disposed of; hence, the "preference" here given the 
"unfinished business" amounts to but little, if the busi- 
ness on the Speaker's table is not regularly disposed of. 
A practice has grown up within a few years back, and has Effect of pen ding 
been so universally acquiesced in as to have become the mit?° 
law of the House, which permits any "unfinished busi- 
ness, ' ' in connexion with which the motion to ' ' commit ' ' 
was left pending when the House, whether by adjourn- 
ment or otherwise, parted from its consideration, to be 



28 BUSINESS — UNFINISHED — CALL OF THE HOUSE. 

resumed first in its class whenever that particular class of 
business is resumed. For instance, if, pending the con- 
sideration of a bill taken from the Speaker's table which 
is on its engrossment, the House shall adjourn pending a 
motion to commit, its consideration is resumed whenever 
the fifth class of business on the Speaker's table is again 
reached.] 

BUSINESS — UNFINISHED AT END OF A FIRST SESSION. 

Bills, resolutions, ' ' After six days from the commencement of a second 
resumed as though or subsequent session of anv Congress, all bills, resolu- 

no adjournment. ^ ° ' 

tions, and reports, which originated in the House, and at 
the close of the next preceding session remained unde- 
termined, shall be resumed and acted on in the same 
manner as if an adjournment had not taken place.' ' — Rule 
22. [And by the 21st Joint Rule the resumption of all 
undisposed of bills, resolutions, and reports, which origi- 
nated in either house is in like manner provided for. 
The word "resolutions" in the foregoing rule has been 
invariably held to apply to "joint resolutions" only. It 
has also become an invariable practice, near the close of 
a first session of Congress, for the House to adopt a reso- 
Matters not report- lution in the following words : "Resolved, That all bills, 
session. resolutions, and other papers referred to the standing 

committees of the House at the first session of this Con- 
gress, upon which no reports shall have been made at the 
time of adjournment, shall be returned informally to the 
Clerk, and shall, by virtue of this resolution, stand recom- 
mitted at the commencement of the next session to said 
committees, into whose possession the Clerk is hereby 
directed to restore them." In this manner much labor 
and inconvenience to members as well as the office is 
avoided.] 

CALLS ON THE PRESIDENT AND DEPARTMENTS. 
(See PRESIDENT and EXECUTIVE DEPARTMENTS.) 

CALL OF THE HOUSE. 

Less than a quorum By the Constitution of the United States a smaller 

tTcompei 11 atSnd- number than a quorum of each house " may be authorized 

to compel the attendance of absent members in such 



CALL OF THE HOUSE. 29 

manner and under such penalties as each house may pro- 
vide." — Const. 1, 5, p. 8. 

"Any fifteen members (including the Speaker, if there Fifteen members 

. \ini i it i authorized to com- 

be one) shall be authorized to compel the attendance ol pel attendance, but 

x . not less. 

absent members." — Rule 65. But where less than that 
number are present a motion for a call cannot be enter- 
tained. — Journal 1, 28, p. 885. 

"Prior to the seconding of a motion for the previous in order prior to 

° second of previous 

question a call of the House shall be in order; but afteraction, but not 

a majority shall have seconded such motion no call shall 

be in order prior to a decision of the main question." — 

Rule 50. [The latter branch of this rule is enforced so 

strictly that a call of the House is never tolerated after 

the previous question is seconded, even though no quorum 

should be present. But where the House adjourns after unless before the 

A ° journal is read, 

seconding the previous question, a call of the House may £ he r ° s ™ i uorum 

be moved the next morning before the journal is read, if 

no quorum be then present. — Journal 1, 34, p. 1253. 

And motions for a call of the House, in the absence of 

a quorum, before the reading of the journal, are very 

common.] 

Upon the call of the House, the names of the members Proceedings in case 
shall be called over (alphabetically — Rule 62) by the 
Clerk, and the absentees noted. After which the names Ron to be called 
of the absentees shall again be called over. The doors Doors shut, 
shall then be shut, and those for whom no excuse or insuf- Excuses received, 
ficient excuses are made may, by order of those present, 
if fifteen in number, be taken into custody as they appear, order for arrest of 

absentees &c. 

or may be sent for and taken into custody wherever to 
be found, by special messengers to be appointed for that 
purpose." — Rule 63. 

[The order of arrest is not usually made by the House order of arrest, 

when usually 

unless a quorum cannot otherwise be obtained; and upon made. 

the appearance of a quorum, a motion is usually made and 

carried that "all further proceedings in the call be dis- can may be dis- 

* V pensed with at any 

pensed with;" and this motion is held to be in order at time- 
any period of the proceedings. The order for arrest is 
usually in this form, viz: "that the Sergeant-at-Arms take Form of order of 

arrest. 

into custody, and bring to the bar of the House, such of 
its members as are now absent without the leave of the 



30 CAPITOL. 

issue of warrant. House;" and, upon its adoption, a warrant, under the 
hand and seal of the Speaker, and attested by the Clerk, 
with a list of the absentees thereto attached, is imme- 
diately placed in the hands of the Sergeant-at-Arms. 
Upon his appearance with members under arrest, he is 
announced at the bar of the House by the Doorkeeper, 
Keturn of warrant, whereupon he makes his return. The members brought 
Arraignment of in by him are then severally arraigned by the Speaker 

absent members. -• • -, j i i i • -ii .1 

and interrogated by him as to what excuses they may 
have to offer for being absent from the sitting of the 
House without its leave.] 
House to deter- ' ' When a member shall be discharged from custody and 

mine as to payment ,.,,. itt i n -1 , • i i 

offees. admitted to his seat, the House shall determine whether 

such discharge shall be with or without paying fees; and 

Fees against deiin- in like manner, whether a delinquent member, taken into 

quent members. 

custody by a special messenger, shall or shall not be liable 
to defray the expense of such special messenger/ ' — Bute 
64. In regard to the fees of Sergeant-at-Arms and spe- 
cial messenger, see sergeant-at-arms. 
Recess not in order It is not in order for the House to take a recess during 

during. 

a call of the House. — Journal, 1, 26, p. 843. [Indeed, no 
only to adjourn or motion, except to adjourn or with reference to the call, is 

with reference to ,.,,.. ° # 

ca' 1 - ever entertained during a call; and, by an adjournment, 

all proceedings in the call are terminated.] 

CAPITOL. 

speaker has con- ' ' The unappropriated rooms in that part of the Capi- 
other rooms. tol assigned to the House shall be subject to the order 
and disposal of the Speaker until the further order of the 
House." — Bide 147, The Speaker shall also "have a 
general direction of the hall." — Bute 6. And "no person 
shall be permitted to perform divine service in the cham- 
ber occupied by the House of Representatives unless 
with the consent of the Speaker." — Bute 140. 
spirituous liquors ' ' No spirituous liquors shall be offered for sale or ex- 
gfounds? ° r hibited within the Capitol, or on the public grounds 
adjacent thereto." — Joint Bute 19. 

By the act of Congress of May 2, 1828, Stat, at Large, 
Vol. IV, page 266, the Commissioner of Public Build- 
ings is directed to take charge of and superintend the 



CHAIR — CHAEGE UPON THE PEOPLE. 31 

public building-s : "And it shall be the duty of the Com- The vice president 

* ° ' and the Speaker 

missioner of the Public Buildings to obey such rules and ^prescribe mies 
regulations as may, from time to time, be prescribed, SSJ?JS£S 
jointly, by the presiding officers of the two houses of eit er 
Congress, for the care, preservation, orderly keeping, 
and police of all such portions of the Capitol, its appur- 
tenances, and the enclosures about it, and the public 
buildings and property in its immediate vicinity as are 
not in the exclusive use and occupation of either house 
of Congress; that it shall also be his duty to obey such speaker to control 
rules and regulations as may be, from time to time, pre- Jg^Hou*! use 
scribed by the presiding officer of either house of Con- 
gress for the care, preservation, orderly keeping, and 
police of those portions of the Capitol and its appurte- 
nances which are in the exclusive use and occupation of 
either house of Congress respectively." — (See speaker.) 

CHAIR. 

"The Speaker shall have a right to name any member speaker may name 

x ° ^ person to fill, for 

to perform the duties of the Chair, but such substitution the da y- 
shall not extend beyond an adjournment. 7 ' — Rule 6. 

(See SPEAKER PRO TEMPORE.) 

CHAIRMAN OF A STANDING COMMITTEE. 
(See .COMMITTEES.) 

CHAIRMAN OF COMMITTEE OF THE WHOLE. 

A chairman, to preside in Committee of the Whole, Appointed by the 

. ■ Speaker. 

shall be appointed by the Speaker. — Rule 125. 

The chairman of the Committee of the Whole shall ¥ a y cause gaiie- 

nes to be cleared. 

have power to order the galleries or lobby to be cleared 
in case of any disturbance or disorderly conduct therein. — 
Rule 16. 

(See also committees of the whole.) 

CHARGE UPON THE PEOPLE. 

( ' No motion or proposition for a tax or charge upon ^ b P r ^ s ° u^^ 
the people shall be discussed the day on which it is made mu S fJ e m comuu d 
or offered ; and every such proposition shall receive its ted> 



32 CHAPLAINS — CLAIMS, COMMITTEE OF. 

first discussion in a Committee of the Whole House. " — 
Rule 131. 

CHAPLAINS. 

Election of chap- The practice, which had prevailed for several years, 

lains dispensed x ' x . 

with « of the election by each house of a chaplain, who should 

open their daily sessions with prayer, alternating weekly 
between the House and Senate, ceased with the 34th 
Congress. At the 1st session of the 35th Congress a 
resolution was adopted by the House which directed ' ' that 
the daily sessions of that body be opened with prayer, 

clergymen gene- and requesting the ministers of the Gospel in this city to 

rally invited to act. attend ^ alternately per f rm this Solemn duty."— 

Journal, 1, 35, p. 58. The clergymen of Washington 
generally responded to this request, and for the re- 
mainder of the Congress performed the duty of chap- 
lains. 

CLAIM AGENTS. 

?rTau S notbe. ploy6s " No P^son shall be an officer of the House, or con- 
tinue in its employment, who shall be an agent for the 
prosecution of any claim against the government, or be 
interested in such claim otherwise than an original claim- 
ant.' '—Rule 150. 
feX g e r r a s P a] e so X " No stenographer or reporter shall be admitted to the 
mbited from being. reporterg7 gallery, or, if admitted, be suffered to retain 
his seat if he shall be or become an agent to prosecute 
any claim pending before Congress." — Rule 18. 
*io™s ers roMbfted Members f Congress are prohibited from acting as 
^ ,awfromacting claim agents for compensation paid or to be paid ; and 
officers and employes of the House are prohibited from 
acting as claim agents either with or without compensa- 
tion, under the penalty, in either case, of a fine not ex- 
ceeding iwe thousand dollars, or imprisonment in the 
penitentiary not exceeding one year, or both in the dis- 
cretion of the court. — Stat, at Large, Vol. X, p. 170. 

CLAIMS, COMMITTEE OF. 

when to be a P - A Committee of Claims, to consist of nine members, 

pointed, and of . * _ 

•vhat nnmber. shall be appointed at the commencement ot each session. — 
Rule 76. 



CLAIMS, COURT OF. 33 

"It shall be the duty of the Committee of Claims to Duties of. 
take into consideration all such petitions and matters or 
things touching claims and demands on the United States 
as shall be presented, or shall or may come in question, 
and be referred to them by the House, and to report 
their opinion thereupon, together with such propositions 
for relief therein as to them shall seem expedient. " — ■ 
Rule 82. 

4 ' The bills, and their accompanying reports, from the bhis from court 

' i m of Claims to be re- 

Court of Claims shall be referred by the Clerk of theferredto. 
House to the Committee of Claims ; and it shall be in Reports from , on 

t 1-1*1 • • Tiifjji i business of Court 

order every Friday morning, immediately alter the read- f claims, first in 
ing of the journal, for the Committee of Claims to report 
with reference to business from the Court of Claims. 
The bills reported to be printed and placed on the pri- 
vate calendar. " — Rule 154. 

The Committee of Claims is authorized, by resolution A £ tb JjJ5|^ em " 
of February 18, 1843, to employ a clerk. — Journal, 3, 27, 
p. 399. 

CLAIMS, COURT OF. 

"The Court of Claims shall keep a record of their when report to be 

made. 

proceedings, and shall, at the commencement of each 
session of Congress, and at the commencement of each 
month during the session of Congress, report to Congress 
the cases upon which they shall have finally acted, 
stating in each the material facts which they find estab- 
lished by the evidence, with their opinion in the case, 
and the reasons upon which such opinion is founded. 
Any judge who may dissent from the opinion of the ma- D i gsen ting opin- 
jority shall append his reasons for such dissent to the 10113, 
report ; and such report, together with the briefs of the 
solicitor and of the claimant, which shall accompany the 
report, upon being made to either house of Congress, 
shall be printed in the same manner as other public docu- 
ments. And said court shall prepare a bill or bills in Court t0 prepare 
those cases which have received the favorable decision 
thereof, in such form as, if enacted, will carry the same 
into effect. And two or more cases may be embraced in 
the same bill, where the separate amount proposed to be 
3 



34 

allowed in each case shall be less than one thousand dol- 
Testimony to be i ars# ^nd the said court shall transmit with the said 

reported. 

reports the testimony in each case, whether the same 
shall receive the favorable or adverse action of said 
court. 
Kepons and bills " The said reports, and the bills reported as aforesaid, 

to be continued 

from session to shall, if not finally acted upon during the session of Con- 
session and Con- ' J x ° 

gress to congress, gress to which the said reports are made, be continued 
from session to session, and from Congress to Congress, 
until they shall be finally acted upon ; and the considera- 
tion of said reports and bills shall, at the subsequent 
session of Congress, be resumed, and the said reports and 
bills be proceeded with in the same manner as though 
finally acted upon at the session when presented. 

Adverse reports. " The claims reported upon adversely shall be placed 
upon the calendar when reported, and if the decision of 
said court shall be confirmed by Congress, said decision 
shall be conclusive, and the said court shall not at any 
subsequent period consider said claims, unless such rea- 
sons shall be presented to said court as, by the rules of 
common law or chancery in suits between individuals, 
would furnish sufficient ground for granting a new trial." 
Stat, at Large, Vol X, pp. 613, 614. 

Removal of clerks rpk e ga -^ cour t } s required to make report in case of the , 

to dc reported* •*■ 

removal of its clerks, with the cause of such removal, to 
Congress, if in session, or at the next session of Con- 
gress. — Ibid., p. 614. 
Transmission of The Clerk of the House is directed "to transmit to 

papers to. 

said court, on the application of the clerk of said court, 
the papers in his office in any case that is now or may be 
hereafter pending in said court, taking a receipt there- 
for." — Journal, 1, 34, p. 583. 
withdrawal of pa- "The papers in all cases heretofore referred by this 

pers from. ... 

House to the Court of Claims, arising under contract or 
departmental decision, may be withdrawn from said court 
upon the order of the Clerk of the House, to be given 
upon the application therefor of any member to him, 
with the assent of the claimant ; and when said papers 
are received by the Clerk they shall be held by the Clerk 
the same as if never referred." — Journal, 1, 34, p. 614. 



CLERK OF THE HOUSE. 35 

"All petitions for pensions, heretofore referred to the Pension papers 

/-i p/^i- i • ir> i i« may be withdrawn 

Court ot Claims, may be withdrawn and referred to their 
appropriate committees in the House." — Journal, 1, 34, 
p. 631. 

[Ordinarily, except in the foregoing cases, papers are how papers are 
referred to or withdrawn from the Court of Claims on drawn from and 

referred to. 

motion in the House ; and, except in the case of the refer- 
ence of a matter then before the House, the motion can 
only be made by unanimous consent, or at such time as 
resolutions are in order under the rules.] 

"The bills and their accompanying reports from the buis to be referred 
Court of Claims shall be referred by the Clerk of the claims. 
House to the Committee of Claims; and it shall be in 
order every Friday morning, immediately after the read- said committee 

. ^ • em- ma y re P ort every 

ing of the journal, for the Committee ol Claims to report Friday morning. 

with reference to business from the Court of Claims. 

The bills reported to be printed and placed on the pri- buis to be primed 

and placed on the 

vate calendar. — Bute 154. calendar. 

When bills and reports from said court, reported to the buis and reports 
House, are left undisposed of at the end of a Congress, the eJdof a°con- 
at the beginning of the next Congress the bills shall be 
again read twice and referred, and the adverse reports 
restored to the private calendar. — Journal, 1, 34, jpp. 
134, 135. [And when bills from said court shall have 
passed the Senate and remain undisposed of in the House 
at the end of a Congress, they shall be returned to the 
Senate.] 

CLERK OF THE HOUSE. 

There is no law, resolution, rule, or order, directing First election of a 

Clerk. 

the appointment of a Clerk of the House of Representa- 
tives. But on the first day that a quorum assembled 
under the new Constitution the House elected a Clerk, 
and one has been elected at the commencement of every 
Congress since. The act of June 1, 1789, provides that 
at the first session of Congress after every general elec- 
tion of representatives, the oath or affirmation therein 
prescribed " shall be administered by any one member of 
the House of Representatives to the Speaker ; and by 
him to all the members present, and to the Cleric, pre- 



36 CLERK OF THE HOUSE. 

vious to entering on any other business.' ' And in the 
case of a vacancy which occurred in the office of Clerk 
during the 31st Congress, (see Journal, 1, 31, p. 789,) it 
was decided that the House could take no action upon, 
nor transact any other business until a Clerk was elected. 
The following is the oath of office prescribed for the 
Clerk by the 21st rule and the act of June 1, 1789, viz: 
oath of office. ■ "I do solemnly swear (or affirm) that I will support the 
Constitution of the United States, and that I will truly 
and faithfully discharge the duties of Clerk of the House 
of Representatives to the best of my knowledge and 
abilities." 
Mode of election. In the election of a Clerk there shall be a previous 
nomination — Bute 13; and the vote shall be taken viva 
voce. — Rule 14. A majority of the votes given shall be 
necessary to an election; and where there shall not be 
such a majority on the first ballot, the ballot shall be 
repeated until a majority be obtained. And in all ballot- 
ings blanks shall be rejected, and not taken into the count 
in enumeration of votes, or reported by the tellers. — 
Rule 11. 
Rules not adopted ["As the rules are never adopted until after the election 

until after the elec- L \ 

tion of a cierk. f a Clerk, of course those just recited only apply in 
cases of elections to fill vacancies occurring subsequent 
to the regular election. Ordinarily, however, the same 
mode of election is pursued as that above indicated, 
although it sometimes happens that the Clerk is elected 
by resolution. 

Tellers appointed Before proceeding to the election of a Clerk, (unless it 

by the Speaker. * . , . »"'',, 

be by resolution,) the Speaker appoints four tellers to 
keep and make report of the vote. — See elections by 

THE HOUSE.] 

Enters upon his [As soon as the Speaker has declared a person elected 

duties as soon as 

he takes oath. Clerk, the oath of office is administered to him, and he 
enters upon the duties of the same.] By the act of 
February 23, 1815, (Stat, at Large, Vol III, p. 212,) it is 
made the duty of the Clerk, within thirty days after he 

Gives bond. enters upon the duties of his office, to give bond to the 
United States, with one or more sureties, to be approved 
by the Comptroller of the Treasury, in the penal sum of 



CLERK OF THE HOUSE. 37 

twenty thousand dollars, with condition for the faithful 
application and disbursement of the contingent fund of 
the House. 

The Clerk shall be deemed to continue in office until continues in office 

until his successor 

another be appointed.— Rule 21. is appointed. 

[At the commencement of a new Congress, and prior puts questions be- 

. . ,1,1 fore tne election of 

to the election of a speaker, questions are put by the speaker. 
Clerk of the last House. — See meeting of congress.] 
All contracts, bargains, or agreements, relative to the contracts, &c, to 

> be approved by 

furnishing any matter or thing, or for the performance of him< 

any labor for the House of Representatives, must be 

made with the Clerk, or approved by him, before any 

allowance shall be made therefor by the Committee of 

Accounts. — Rule 152. And in making purchases for the Purchases to be of 

° x home production. 

House he is required to confine his purchases exclusively 
to articles of the growth and manufacture of the United 
States, provided the same can be procured on as good 
terms and of as suitable quality as foreign articles. — 
Stat, at Large, vol. V, p. 681. 
The Clerk is required by law (Stat, at Large, vol. V, Heshaii furnish a 

r»r mrr\ i i r* ttt i statement of con- 

pp. 25, 527) to lay before the House, at the commence- tiu g ent expenses, 
ment of each session, a full and detailed statement of the 
expenditure of the contingent fund of the House; also 
(Stat, at Large, vol. V, p. 525) a statement of the clerks Also statement of 

j, i -i • i . persons employed 

and other persons employed in the service of the House «» service of the 
during the preceding year. He is also required by a 
resolution of the House (Journal, 1, 27, p. 495) to report, 
at the commencement of each session, the quantity and 
cost of all the stationery used by the House and the Also, statement of 
Clerk's office. He shall, also, as soon as may be, after 
the close of each session of Congress, prepare and pub- 
lish a statement of all appropriations made during the ses- 
sion; and also a statement of the new officers created and Also, statement of 
the salaries of each, and also a statement of the offices offic r es P 5 ^ &c I ^ Ssne, 
the salaries of which are increased, and the amount of 
such increase. — Stat, at Large, vol. V, p. 117. 

He shall, on application, certify extracts from the jour- shaii certify ex- 
nals of the House of Representatives, and for such copies ** 
shall receive the same fees as are allowed by law to the Fees - 



38 CLERK OF THE HOUSE. 

« 

Secretary of State for similar services. — Stat, at Large, 
vol. IX, p. 80. 

Franking privilege. He may receive and send all letters and packages, not 
weighing over two ounces, free of postage, and frank all 
documents and books that may be published, purchased, 
or procured by order of Congress, during his term of 
office. — Stat, at Large, vol. IX, p. 148. 

May use books in • He may, with permission of the President of the Senate 

Congress. Library. " x m 

and Speaker of the House, have the use of the books in 

the Congressional Library, upon the same conditions as 

members of Congress. — Stat, at Large, vol. IV, p. 429. 

shaii advertise for He shall advertise for proposals for furnishing sta- 

proposals for sta- 
tionery, tionery for the use of the House of Representatives. — 

Stat, at Large, vol. V, pp. 526, 527.— (See stationery.) 

The following duties are imposed upon the Clerk by 

the rules of the House, viz : 

Attests writs. He shall attest all writs, warrants, and subpoenas issued 

by order of the House. — Bute 15. 

Enter petitions. He shall enter upon the journal, subject to the control 
and direction of the Speaker, such petitions and memo- 
rials as may be handed to him by members for reference. — 
Bute 24. 

Delivers cans upon He shall cause to be delivered all propositions adopted 

the President and . 

heads of depart- by the House, requesting information from the President, 
or directing it to be furnished by the heads of depart- 
ments. — Bute 61. [His practice is to deliver in person 
all calls upon the President, and to transmit calls upon 
the departments by a messenger or through the mail.] 

shaii refer maps, He shall refer all drawings, maps, charts, or other 

&c, to Committee . . 

on Engraving, papers, which may at any time come before the House 
for engraving, lithographing, or publishing in any way, 
to the Committee on Engraving. — Bute 104. 

shaii prepare list He shall prepare and cause to be delivered to each 

made by officers of member, at the commencement of every session of Con- 
government. 

gress, a list of the reports which it is the duty of any 

officer or department of the government to make to Con- 
gress. — Bute 109. 
shaii send copies He shall, at the end of each session, send a printed 
states. J0urna ° copy of the journals of the House to the executive, and to 
each branch of the legislature of every State. — Bute 110. 



CLERK OF THE HOUSE. 39 

He shall note all questions of order, with the decision, shaii put decisions 

* of questions of or- 

and put them together at the end of the journal of every der« end of jour- 
session. — Bule 111. 

He shall enter upon the journal notices of bills which shaii enter notices 
may be handed in by members. — Bule 114. 

He shall certify a bill that has passed, noting the day Shan certify bins 
of its passage at the foot thereof. — Bute 123. 

He shall sign all House bills which have passed the shaii sign an House 

° x bills which pass. 

House. — Joint Bute 5. 

He shall enrol on parchment all House bills which shaii enrol and 

x certify House bills, 

shall have passed both houses. — Joint Bule 6. And shall JJJgjJJJJJ pass 

certify on the back of the roll that the bill originated in 

the House of Kepresentatives. — Joint Bule 9. And all 

orders, resolutions, and votes which are to be presented 

to the President for his approbation, shall also, in the 

same manner, be previously enrolled, examined, and 

signed. — Joint Bule 10. 

He shall enter on a separate paper all amendments Entry of amend- 
ments in commit- 

adopted in Committee of the Whole to a bill or report. — tee. 
Bules 127, 129. [The 127th rule refers to manuscript 
bills, having been adopted prior to the practice of print- 
ing bills.] 

He shall, within thirty days after the close of each shaii distribute 
session of Congress, cause to be completed the printing to members within 

. . . r thirty days after 

and primary distribution, to members and delegates, of adjournment. 

the journal of the House, together with an accurate index 

to the same. — Bule 142. 

He shall retain in the library of his office, for the use shaii retain in li- 
brary two copies of 

of the members there, two copies of all the books and an public docu- 

r ments. 

printed documents deposited in the library. — Bule 143. 

He shall have preserved for each member of the shaii preserve one 

xt • • on it bound copy of all 

House an extra copy, m good binding, of all the docu- documents for each 
ments printed by order of either house at each ses- 
sion. — Bule 144. 

He shall make a weekly statement of the resolutions snail make weekly 
and bills upon the Speaker's table. — Bule 145. [This ness on speaker's 
statement is printed and placed upon each member's 
table every Monday morning. There is, in like manner, weekly statement 
placed upon their tables, every Friday morning, a state- calendar aisoW 
ment of all the bills and resolutions upon the calendar, 



40 CLERK OF THE HOUSE. 

designating whether in Committee of the Whole House 
or of the Whole House on the state of the Union.] 
He numbers the The number prefixed to the section of a bill, being: 

sections of bills. 

merely a marginal indication, and no part of the text of 

the bill, the Clerk regulates that. — Manual p. 107. [He 

And also bins and also gives numbers to the bills and joint resolutions as 

joint resolutions. . 

they are introduced or reported.] 

Messages (between the two houses) shall be sent by 

such persons as a sense of propriety in each house may 

determine to be proper. — Joint Bute 4. [All messages 

He conveys mes- from the House to the Senate are conveyed by the Clerk 

sages to the Sen- . 

ate - or one of his assistants.] 

other duties of In addition to the foregoing, there are various other 

Clerk. 

duties appertaining to the office of Clerk, under the usage 
and practice of the House, which are discharged by him- 
self and his appointees. 

Disbursea contin- He disburses the contingent fund of the House, keep- 
ing accounts with the treasury of the United States of 
the various items of appropriation for that object. He 

pays salaries. also disburses the salary fund of the various officers and 
employes of the House. 

Keepsjoumai. He keeps the minutes of proceedings in the House, 

and makes out, subject to the control of the Speaker, the 
journal of said proceedings, in readiness for the same to 
be read at the next meeting of the House. He also pre- 
pares the index to the journal at the end of each session. 

Keeps minutes of He keeps the minutes of proceedings in Committees 

whole. of the Whole ; records all votes taken by yeas and nays, 

and prepares copies of the same for the printer of the 
journal. 

Reads. He reads all messages, bills, and other papers required 

by the House to be read, and calls the roll of members. 

Keeps the mes. He keeps the files of the House, preserving all peti- 
tions and other papers belonging to its archives, ar- 
ranged alphabetically, and under the head of the Con- 
gress at which they were last acted upon. 

Keeps bin book. He keeps a book in which are entered, numerically, 
the titles of all bills and joint resolutions; opposite which 
are entered, as they occur, all proceedings of the House 
thereon; also all proceedings of the Senate as they are 
reported to the House. 



CLERK OP THE HOUSE. 41 

He places appropriate endorsements upon all papers Papers ordered to 
presented in the House, and after entering the same in endorsed, &c. 
books kept for the purpose, sends to the Superintendent 
of Public Printing all such as are ordered to be printed, 
and to the appropriate committee such as are referred 
without printing. 

He engrosses upon paper all bills, joint resolutions, Engrosses bins and 
and resolutions of the House, and amendments of the 
House to Senate bills and joint resolutions which pass 
the House of Eepresentatives, certifying the date of the 
passage of the same at the foot thereof. 

He enrols upon parchment all House bills and joint Enrols bins and re- 
resolutions which have passed both houses, certifying 
upon the back that the same originated in the House, 
and then delivers them to the Committee on Enrolled 
Bills. 

He journalizes all petitions and other papers handed to petitions referred 
him under the 24th rule, and having endorsed them ap- 
propriately, takes them to the rooms of the proper com- 
mittees and there enters them in the committee books. 
He also keeps what is called the "petition book," in 
which is entered, alphabetically, each petition as pre- 
sented, and the further action of the House thereon as it 
occurs. 

He keeps what is called the "newspaper book," in Newspapers, 
which is entered the accounts of members under the 
newspaper resolution, and orders from the publishers 
such newspapers or periodicals as may be directed. 

He contracts for and furnishes to members all books Books, 
voted to them by the House, and keeps the accounts of 
the members for the same. 

He distributes to members, governors, State legisla- Public documents, 
tures, &c, all public documents (other than extra num- 
bers) required bf law, rule, or resolution to be dis- 
tributed. 

He keeps the stationery purchased for the use of the stationery. 
House, and furnishes the postmaster with such as he may 
from time to time call for for distribution to the mem- 
bers. 

He keeps the library of the House, in which are kept Library, 
copies of all documents printed by order of either house. 



42 CLERKS OF COMMITTEES — COMMIT, MOTION TO. 

CLERKS OF COMMITTEES. 

wu t h t out e ieav P e loyed " No comnnttee sna U °e pGrmittGd to employ a clerk 
at the public expense without first obtaining leave of the 

SnSve. 9WhichHouse for that Purpose."— Rule 149. [Such leave is 
usually granted to a portion of the committees, for a part 
or the whole of the session, as they may deem the service 
necessary; and two of the committees have permanent 
clerks, viz: of Claims, by resolution of February 18, 1843, 
and of Ways and Means, by resolution of February 18, 
1856.] 

COMMERCE, COMMITTEE ON. 

when appointed, There shall be appointed, at the commencement of each 

and or what num- r -i- ' 

ber# session, a Committee on Commerce, to consist of nine 

members. — Rule 76. 

Dutiesof ' "It shall be the duty of the Committee on Commerce 

to take into consideration all such petitions and matters 
or things touching the commerce of the United States as 
shall be presented, or shall or may come into question, 
and be referred to them by the House, and to report, 
from time to time, their opinion thereon." — Rule 83. 

[This committee was originally a Committee on Com- 
merce and Manufactures. On the 8th December, 1819, a 
separate Committee on Manufactures was constituted, and 
the duties of the original Committee on Commerce and 
Manufactures have been confirmed, as above, by leaving 
out the words " and Manufactures. " There are no duties 
assigned in the rules to the Committee on Manufactures.] 

COMMIT, MOTION TO. 

when it may be " When a question is under debate, no motion shall be 

received. 

received but to adjourn, to lie on the table, for the pre- 
vious question, to postpone to a day certain, to commit 
Precedence with or amend, to postpone indefinitely; which several motions 

reference to other . . . , . , , 

motions. shall have precedence in the order m wmcn tney are 

Not to be repeated arranged; and no motion to commit, or to postpone indefi- 

same day and stage .... . - •■ ^ ,_ , . _ n - j1 

of bin. nitely, being decided, shall be again allowed on the same 

day, and at the samo stage of the bill or proposition." — 
Rule 46. [When any one of the foregoing motions is 



COMMITTEES. 43 

received, the practice is not to receive one of lower 
dignity until the former is disposed of.] 

" When a resolution shall be offered, or a motion made Wher ? * iffer f ?! 

committees cire 

to refer any subject, and different committees shall be proposed - 
proposed, the question shall be taken in the following 
order: the Committee of the Whole House on the state 
of the Union; the Committee of the Whole House; a 
standing committee; a select committee." — Rule 47. 

A motion to commit may be amended by the addition Maybe amended, 
of instructions. — Journals passim. 

"Upon the second reading of a bill, the Speaker shall ami when ready 

r ox for commitment. 

state it as ready for commitment." — Rule 117. 

After the previous question is ordered, the House is Effect of previous 

m . question upon mo- 

br ought ^rstf "to a direct vote on the motion to commit, uon to commit, 
if such motion shall have been made." — Rule 50. 

" Motions and reports may be committed at the plea- Motions and re- 

x ports may be com- 

sure of the House/' — Rule 54. mitted. 

fWhen the House, by going into Committee of the Effect of pendency 

ttti it on i • -. _ of, in case of ad- 

Whole, adjournment, &c, parts irom the consideration oi joumment, &c. 

a bill or resolution pending a motion to commit, according 
to the well settled practice, such bill or resolution is the 
business first in order when that class of business is 
resumed — e. g., if, pending a motion to commit a bill or 
resolution reported from a committee, and then being con- 
sidered as a report from a committee, the House should 
adjourn, such bill or resolution is first in order when 
reports are called.] 

COMMITTEES. 

Twenty-eight standing committees shall be appointed standing commit- 

•': ° ° rr tees to be appoint'd 

at the commencement of each session, viz: Of Elections, 2eS%f ea3f ms- 

of Ways and Means, of Claims, on Commerce, on the slon# 

Public Lands, on the Post Office and Post Roads, for the 

District of Columbia, on the Judiciary, on Revolutionary 

Claims, on Public Expenditures, on Private Land Claims, 

on Manufactures, on Agriculture, on Indian Affairs, on 

Military Affairs, on the Militia, on Naval Affairs, on Foreign 

Affairs, on the Territories, on Revolutionary Pensions, 

on Invalid Pensions, on Roads and Canals — to consist of 

nine members each — on Patents, on Public Buildings and 

Grounds, of Revisal and Unfinished Business, of Accounts, 



44 COMMITTEES. 

on Mileage — to consist of Jive members each — on Engrav- 
ing — to consist of three members. — Bute 76. 
joint committees There shall be a ioint committee on Enrolled Bills, to 

to be appointed at ° 

ment o^each^es- consist of two members of each House, (Joint Bute 7;) there 
S10n * shall be a joint committee on the Library of Congress, to 

consist of three members of each house, {Joint Bute 20;) 
there shall be a joint committee on the Public Printing, to 
consist of three members of each house, (Stat, at Large, 
vol. X, p. 34.) [The rules do not designate for what 
period the joint committees shall be appointed, but the 
practice is for the Speaker to appoint them at the com- 
mencement of each session.] 
standing commit- There shall be appointed, at the commencement of the 

tees to be appoint- # x A 

con f °ress he entite ^ rs * ; sess i° n i n eacn Congress, six additional standing 
committees, whose duties shall continue until the first 
session of the ensuing Congress, viz: On Expenditures in 
the Department of State, on Expenditures in the Treasury 
Department, on expenditures in the War Department, on 
Expenditures in the Post Office Department, on Expenditures 
in the Navy Department, on Expenditures on the Public 
Buildings, to consist of five members each. — Bute 105. 

Dunes of the com- For the duties of the several committees, see under their 

mittees. 

respective names. 
committees, how " All committees shall be appointed bv the Speaker, 

appointed. x x * . 

unless otherwise specially directed by the House, in which 
case they shall be appointed by ballot; and if upon such 
ballot the number required shall not be elected by a 
majority of the votes given, the House shall proceed to a 
second ballot, in which a plurality of votes shall prevail; 
and in case a greater number than is required to compose 
or complete a committee shall have an equal number of 
votes, the House shall proceed to a further ballot or 
ballots." — Bute 7. [The latter mode of appointing com- 
mittees is, of late years, never resorted to; but the prac- 
tice is to adopt an order, at the beginning of each session, 
" that the Speaker be authorized to appoint the regular 
standing committees." And after adopting such order, 
it is usual for the House to adjourn over for two or three 
days to enable him to make the appointments.] 
who ahaii be «hair- "The first named member of any committee shall be 
Se?° "the chairman; and in his absence, or being excused by 



COMMITTEES. 45 

the House, the next named member, and so on, as often 
as the case shall happen, unless the committee, by a 
majority of their number, elect a chairman. 77 — Rule 8. 

"Any member may excuse himself from serving on any who may be ex- 

M . ' c i ' i cased from serving 

committee at the time of his appointment, if he is then a on a committee, 
member of two other committees. " — Rule 9. [And under 
the practice, it is sufficient for him to offer such an excuse 
at any subsequent period of the session.] 

' ' It shall be the duty of a committee to meet on the who shaii can a 

,. , , meeting of a com- 

call of any two of its members, if the chairman be absent, mittee. 
or decline to appoint such meeting. " — Rule 10. 

' ' No committee shall sit during the sitting of the House committees shaii 

not sit while House 

without special leave." — Rule 108. And l ' so soon as the j s si "ing, without 

r leave. 

House sits, and a committee is notified of it, the chair- 
man is in duty bound to rise instantly, and the members 
to attend the service of the House.' ' — Manual, p. 66. 
[But upon the suggestion to the House by a member of a 
committee that it is important to the despatch of public 
business that they should have such leave, it is usually 
granted, especially near the close of a session.] 

" Committees may be appointed to sit during a recess committees sitting 

. during recess. 

by adjournment, but not by prorogation. Neither house 
can continue any portion of itself in any parliamentary 
function beyond the end of the session without the con- 
sent of the other two branches. When done, it is by a 
bill constituting them commissioners for the particular 
purpose." — Manual, p. 132. [This has been construed 
(and, in view of the distinction which exists between a 
"session" of Parliament and of Congress, very properly 
so) not to restrain a committee of the House, with the 
leave of the House, from sitting during the recess be- 
tween a first and second session of Congress.] — (See Jour- 
nal, 1, 32, p. 1119.) 

"No committee shall be permitted to employ a clerk cierks of commit- 

* r J tees. 

at the public expense without first obtaining leave of the 
House for that purpose." — Rule 149. [Such leave is 
usually granted to a portion of the committees for a part 
or the whole of the session, as they may deem the service 
necessary; and two of the committees have permanent 
clerks, viz: of Claims, by resolution of February 18, 1843, 



46 COMMITTEES. 

and of Ways and Means, by resolution of February 18, 
1856.] 
Precedence ofdif- "When a resolution shall be offered, or a motion made 

ferent motions to ' 

refer. to refer any subject, and different committees shall be 

proposed, the question shall be taken in the following 
order: the Committee of the Whole House on the state 
of the Union; the Committee of the Whole House; a 
standing committee; a select committee. — Rule 47. [But 
where more than one standing committee is proposed, 
the last one proposed is first voted upon, as an amend- 
ment to strike out and insert.] 

precedence of mo- < * When a question is under debate, no motion shall be 

Hon to commit * ' 

Sd'SrSLSS^received but to adjourn, to lie on the table, for the pre- 
vious question, to postpone to a day certain, to commit or 
amend, to postpone indefinitely; which several motions 
shall have precedence in the order in which they are 

Motion to commit arranged; and no motion to postpone to a day certain, to 

not to be repeated o ; x x . 

at same stage on commit, or to postpone indefinitely, being decided, shall 
be again allowed on the same day, and at the same stage 
of the bill or proposition." — Rule4c6. 

a bin, when ready "Upon the second reading of a bill, the Speaker shall 

for commitment. r ° r 

state it as ready for commitment." — Utile 117. 
brinffl OU the qU H S oisS "After the previous question is ordered, the House is 
SaS SSSSr*' fi™t brought to a direct vote on the motion to commit, if 

such motion shall have been made." — Rule 50. 
committee can "A committee meet when and where they please, if 

only act when met . 

together. ftiQ House has not ordered time and place for them; but 

they can only act when together, and not by separate 
consultation and consent, nothing being the report of a 
committee but what has been agreed to in committee 
actually assembled.' ' — Manual p. 85. 

a quorum of a "A majority of the committee constitutes a quorum 

committee. . 

Not necessary that for business." — Manual p. 85. But it is not necessary 

' that the committee shall be full when a paper is acted 

Nor that every upon. — Journal, 1, 34, p. 1143. Nor is it even neces- 

member was noti- 

fied of an adjourn- sary that every member shall have been notified of an 

ed meeting. f ... 

adjourned meeting, if it shall appear that at such meet- 
ing a quorum was present, and that a majority of such 
quorum authorized a report to be made . — Same Journal, 
pp. 1433, 1434. 



COMMITTEES. 47 

"A committee cannot receive a petition but through Petitions, howt® 

. . . be referred to com- 

the House." — Manual, p. 66. Members having petitions mittees. 
and memorials to present may hand them to the Clerk, 
endorsing the same with their names, and the reference 
or disposition to be made thereof; and such petitions and 
memorials shall be entered on the journal, subject to the 
control and direction of the Speaker." — Rule 24. [This 
is the only mode of presenting a petition for reference 
now recognized by the rules. The rule, however, is 
construed to authorize the withdrawal of old papers from 
the files for the purpose of reference to the appropriate 
committee. And, in this connexion, it may not be im- 
proper to call attention to the phraseology of this rule, 
which requires that the name of the member and that of the Members should 

a J J endorse the papers 

committee shall be endorsed upon the paper to be referred. referred b y them - 
In order to secure its appearance in the daily newspapers, Newspapers to be 
members should furnish a memorandum of the contents memorandum, 
and reference of the same to the reporters.] 

"The Clerk may deliver the bill to any member of the Matters referred, 

.. , ,,. . ,. t • r> n0W de l ivered t0 

committee, but it is usual to deliver it to him who is first the committee, 
named." — Manual, p. 84. [In the House of Representa- 
tives the long settled practice has been, where the com- 
mittee have a regular place of meeting, as is the case 
with all the standing committees, for the Clerk to take 
down to the committee room and deposit there all matters 
referred to said committee, and make an entry of the 
same in the docket of the committee; and when they 
have no committee room, as is the case with some of the 
select committees, to deliver the matter referred to the 
chairman. ] 

It is not competent for the House to instruct a com- Not competent to 
mittee to amend a bill in a manner that the House itselfwdownat House 

itself cannot do. 

cannot amend it. — Journal, 2, 35, p. 389. [Indeed, it 
is the well settled practice that the House cannot in- 
struct a committee to do what the House itself cannot do.] 

A division of the question is not in order on a motion to commit with in- 

, .. ., ..-, . , ,. j-itp structions not divi- 

to commit or recommit with instructions, or on the dn- sibie. 
ferent branches of instructions. — Journals, 1, 17, p. 507; 
1, 31, pp. 1395, 1397; and 1, 32, p. 611. 



48 COMMITTEES. 

how amendments ' ' The committee may not erase, interline, or blot the 

are to be noted by 

a committee. bill itself, but must, in a paper by itself, set down the 
amendments, stating the words which are to be inserted 
or omitted, and where, by reference to the page, line, 
and word of the bill." — Manual, p. 87. 

No reconsideration " When a vote is once passed in a committee it cannot 

of a vote in com- 
mittee, be altered but by the House, their votes being binding 

on themselves." — Manual, p. 87. 

committee cannot ' ' If the committee are opposed to the whole paper, 

reject a paper. . 

and think it cannot be made good by amendments, they 
cannot reject it, but must report it back to the House 
without amendments, and there make their opposition." — 
Manual, p. 86. 
committee cannot ' ' The committee have full power over the bill or other 
jecst 8 - s paper, except that they cannot change the title or sub- 
ject." — Manual, p. 85. 
when and in what ' ' As soon as the journal is read, reports from committees 
are to report. shall be called for and disposed of; in doing which the 
Speaker shall call upon each standing committee in the 
following order, viz: 

Committee of Elections. 

Committee of Ways and Means. 

Committee of Claims. 

Committee on Commerce. 

Committee on the Public Lands. 

Committee on the Post Office and Post Roads. 

Committee on the District of Columbia. 

Committee on the Judiciary. 

Committee on Revolutionary Claims. 

Committee on Public Expenditures. 

Committee on Private Land Claims. 

Committee on Manufactures. 

Committee on Agriculture. 

Committee on Indian Affairs. 

Committee on Military Affairs. 

Committee on the Militia. 

Committee on Naval Affairs. 

Committee on Foreign Affairs. 

Committee on the Territories. 

Committee on Revolutionary Pensions. 



COMMITTEES, 49 

Committee on Invalid Pensions. 

Committee on Roads and Canals. 

Committee on Patents. 

Committee on Public Buildings and Grounds. 

Committee of Revisal and Unfinished Business. 

Committee of Accounts. 

Committee on Mileage. 

Committee on Engraving. 

Committee on Printing. 

Committee on Enrolled Bills. 

Committee on the Library of Congress. 

Committee on Expenditures in the State Department. 

Committee on Expenditures in the Treasury Depart- 
ment. 

Committee on Expenditures in the War Department. 

Committee on Expenditures in the Navy Department. 

Committee on Expenditures in the Post Office Depart- 
ment. 

Committee on Expenditures on the Public Buildings. 

And when all the standing committees shall have been 
called on, then it shall be the duty of the Speaker to call 
for reports from select committees; if the Speaker shall can of, to be re- 

. ■ , sumed where left 

not get through the call upon the committees before the off- 
House passes to other business, he shall resume the call 
where he left off. Provided, that whenever any com- After occupying 
mittee shall have occupied the morning hour on two days, two days; not to, 

r . J report further. 

it shall not be in order for such committee to report further 
until the other committee shall have been called in their 
turn." — Rule 23. [But this proviso does not restrain the 
House from occupying the morning hour on more than 
two days in the consideration of a report.'] 

[The call for reports as provided for by this rule is lia- can of committees 
ble to be interfered with by " special orders," " questions terfered with . ' 
of privilege," and "privileged questions," also by the 
"call of States for resolutions," which, by Rule 26, is in 
order every alternate Monday, and "motions to suspend 
the rules," which, by Rule 137, may be submitted every 
Monday. So, too, by Rules 29 and 154, the call of com- 
mittees is limited on Fridays and Saturdays to "business 
of a private nature." The call for reports is sometimes 
4 



50 COMMITTEES. 

postponed by reason of the pendency of a proposition at 

the last preceding adjournment upon which the previous 

question was seconded.] 

Bins from court of " The bills and accompanying reports from the Court 

red and when re- f Claims shall be referred by the Clerk of the House to 

ported on. 

the Committee of Claims; and it shall be in order every 
Friday morning, immediately after the reading of the 
journal, for the Committee of Claims to report with re- 
ference to business from the Court of Claims. The bills 
reported to be printed and placed on the private calen- 
dar."— Rule 154. 
what committees "It shall be in order for the Committee on Enrolled 

report at any time. 

Bills and the Committee on Printing to report at any 
time — Rules 138 and 153 — and for the Committee on En- 
graving to report at all times." — Rule 104. 

u A committee having leave to report at all times may 

report in part at different times. " — Journal, 1, 27, p. 104. 

Right to report car The right to report at any time carries with it the 

ries right to con- m . 

sider. right to consider the matter when reported. — Journal, 1, 

32, p. 195. And where authority is given to a committee 
to make a report at a particular time, the right follows to 
consider the report when made. — Journal, 1, 32, p. 1409. 

Have leave to re- « The several standing committees of the House shall 

port by bill or other- ° 

wise. have leave to report by bill or otherwise." — Rule 107. 

committee cannot it is not competent for a committee to report a bill 

report on a subject L -^ 

S^otherwi^e 6 where the subject-matter has not been referred to them 
by the House, by the rules, or otherwise. — Journal, 1, 31, 
p. 590. 

Bin may be report- A bill may be reported with a recommendation that it 

ed with a recom- 

do e not ti ass lhat U ^° no ^ P ass > $ Dase cl upon a paper regularly referred. — 

Journal,!, 32, p. 785. 
soiect committee, " The report being made, the committee is dissolved, 

how dissolved and 

revived. and can act no more without a new power. But it may 

be revived by a vote, and the same matter recommitted 
to them. — Manual, p. 88. [This evidently refers to a 
select committee, and, under the practice of the House, a 
motion to recommit decided affirmatively has the effect 
of reviving the committee.] 

Dispute as to whe- If it is disputed that a report has been ordered in hv 

ther committee *■ x J 

h or? ordered re " a committee, the question of reception must be put to the 
House. — Journal, 2, 27, p. 1410. 



COMMITTEES. 51 

f A minority of a committee cannot make a report, a mi- S° e ri a ty repo c r f. nnot 
nority not being the committee. — Journal, 1, 24, p. 562. 
[The common practice, however, is to permit the minority 
to submit their views in ivriting, which are usually printed 
and considered with the majority report.] 

The chairman of a committee submitting a report has chairman may read 

a x report. 

a right to read it. — Journal, 2, 27, p. 409. 

" A member reporting the measure under consideration R ig ht f member 
from a committee may open and close the debate" — JMe reporms ° 
34; and, under the invariable practice, he is entitled to 
be recognized, notwithstanding another member may have 
risen first and addressed the chair — Journal, 3, 27, p. 211; 
and his right to close the debate is never denied him, 
even after the previous question is ordered, or debate 
has been closed. — Journal, 1, 31, p. 1056. 

"The proceedings of a committee are not to be pub- Proceedings of 
lished, as they are of no force till confirmed by the be published. 
House." — Manual, p. 66. 

It is not in order to allude on the floor to anything that Reference to pro- 
has taken place in committee, unless by a written report StteenotS ordTr" 
sanctioned by a majority of the ^committee. — Journals, 1, 
26, p. 418; 1, 31, jp. 393. 

" After commitment and report thereof to the House, Recommitment. 
or at any time before its passage, a bill may be recom- 
mitted." — Rule 120. But not after the previous question 
is ordered. — Journal, 1, 29, p. 643. 

"If a report be recommitted before agreed to in the Effect of recommit- 

. ment. 

House, what has passed in committee is of no validity; 

the whole question is again before the committee, and a 

new resolution must be again moved, as if nothing had 

passed." — Manual, jp. 88. 

" Two motions to recommit are not in order at the same Repetition of mo- 
tion to recommit. 

stage of a bill." — Journal, 1, 20, April 11. 

[A select committee is created either by resolution, when select committee, 

,'. . , . P , how created and 

resolutions are in order, or upon motion to reler, when fined. 
the subject to be referred is before the House; the num- 
ber of which it is to consist being designated in the reso- 
lution or motion. ] Under the parliamentary law — Manual, 
pp. 83, 84 — "none who speak directly against the body of 
the bill " are to be of the committee to which it is referred. 
The spirit of this law has prevailed in the House so far 



52 COMMITTEES OF THE WHOLE. 

as that, in the formation of a select committee, in the 
case of the reference of a bill, a majority of the friends 
of the measure referred, and in the case of an investiga- 
tion, a majority of those favorable to the proposed inves- 
tigation, are usually appointed thereon; and the member 
proposing the select committee is usually appointed the 
chairman.] 

select committees Select committees do not hold over to a second or sub- 
do not hold over. 

sequent session after their appointment — Journal, 2, 32, 
p. 207 — unless specially authorized to do so. — Ibid., 1, 35, 
p. 1020. 
Administering of A chairman of a select committee, (Stat at Large, vol. 

oaths by chairman 

of committees. /^ p. 554,) and a chairman of any standing committee, 
(Stat, at Large, vol. ILL, p. 345,) shall be empowered to ad- 
minister oaths or affirmations to witnesses in any case 
under their examination. 

Failure of witness Any person summoned as a witness by authority of the 

to appear or testify. . . 

House to give testimony or to produce papers upon any 
matter before the House or any committee thereof, who 
shall wilfully make default, or who, appearing, shall re- 
fuse to answer any question pertinent to the matter of 
inquiry in consideration before the House or committee 
by which he shall be examined, shall, in addition to the 
pains and penalties now existing, be liable to indictment 
Duty of speaker on as for a misdemeanor. And when a witness shall fail to 

failure of witness . 

to testify. testify, as above, and the facts shall be reported to. the 

House, it shall be the duty of the Speaker to certify the 
fact under the seal of the House to the district attorney 
for the District of Columbia. — Stat, at Large, vol. XL, p. 
155. — (See also witness.) 

COMMITTEES OF THE WHOLE. 

Two committees [The rules and practice of the House recognize two 
Committees of the Whole, viz : the Committee of the Whole 
House on the state of the Union, to which are referred 
public bills and public business, and the Committee of 
the Whole House, to which are referred private bills and 
private business. ] 

order of taking "When a resolution shall be offered, or a motion made 

questions of com- . n , . . , , . „ 

mitment. to refer any subject, and different committees shall be pro- 

posed, the question shall be taken in the following order: 
"The Committee of the Whole House on the state of 



COMMITTEES OF THE WHOLE. 53 

the Union; the Committee "of the "Whole House; a stand- 
ing committee; a select committee.' 7 — Rule 47. 

"It shall be a standing order of the day, throughout Motion to go into, 

. in order at any 

the session, for the House to resolve itself into a Com- time - 
mittee of the Whole House on the state of the Union. — 
Rule 124. And "The House may at any time, by a vote 
of a majority of the members present, suspend the rules 
and orders for the purpose of going into the Committee of 
the Whole House on the state of the Union. 7 ' — Rule 136. 
[On Fridays and Saturdays, which, under Rule 29, are set Fridays and satur- 
apart for the consideration of private business, the motion 
to go into Committee of the Whole House on the private 
calendar takes precedence of the motion to go into Com- 
mittee of the Whole House on the state of the Union, but 
upon a failure of the former motion the latter motion may 
be entertained on those days. If the previous question seconding of P re- 

m . vious question pre- 

snall have been seconded upon any pending proposition, yems motion to go 
under the practice it is not in order to entertain the 
motion to go into Committee of the Whole until it is dis- 
posed of.] 

It is in order, pending a motion to go to business on the Motion togoimo, 
Speaker's table, to move that the House resolve itself of motion to goto 

business on Speak- 

mto the Committee of the Whole House on the state f er ' stable - 
the Union.— Journal, 2, 32, pp. 155, 228. "In forming a how formed. 
Committee of the Whole House, the Speaker shall leave 
his chair, and a chairman to preside in committee shall 
be appointed by the Speaker." — Rule 125. 

"In case of any disturbance or disorderly conduct in Disturbance in. 
the galleries or lobby, the Speaker (or chairman of the 
•Committee of the Whole House) shall have power to 
order the same to be cleared."— Rule 16. And "in case 
of great heat and confusion arising in committee, the 
Speaker may take the chair and bring the House to 
order."— Manual, p. 68; Journal, 1, 26, p. 814. 

The chairman of the Committee of the Whole has power chairman of, may 
to administer oaths or affirmations to witnesses in any administeroaths ' 
case under its examination.— Stat at Large, Vols. I, p. 
554, and III, p. 345. 

"The quorum of a Committee of the Whole is the Quorum of. 
same as that of the House. "—Manual, p. 67. 



54 COMMITTEES OF THE WHOLE. , 

speaker takes " If a message is announced during a committee, the 

chair to receive _ ^ .. . . 

messages and re- Speaker takes the chair and. receives it, because the com- 
port of Committee x 

on Enrolled Bills. m ittee cannot." — Manual, p. 68. [So, too, during a com- 
mittee, the Speaker often takes the chair to receive the 
report of the Committee on Enrolled Bills, which having 
been announced, the chairman resumes the chair, and 
the House is again in committee.] 

want of quorum. ."Whenever the Committee of the Whole House on 
the state of the Union, or the Committee of the Whole 
House, finds itself without a quorum, the chairman shall 

Ron to be railed cause the roll of the House to be called, and thereupon 

and absentees re- . 

ported. the committee shall rise, and the chairman shall report 

the names of the absentees to the House, which shall be 
entered on the journal." — Rule 126. [And all members 
are reported as absentees who fail to answer when their 
names are called, for, upon the completion of the roll, 
the chairman immediately vacates the chair. Whenever, 
upon such roll call, a quorum answer to their names, and 
that fact is reported to the House, the Speaker declines 
to receive any motion whatever, and the committee re- 
sumes its session without further order. But if no quorum 
answer, a motion to adjourn, or for a call of the House, 
is in order; and if upon either of said motions a quorum 
shall vote, and the House refuse to adjourn or to order a 
call, the session of the committee is immediately p- 
sumed.— Journals, 2, 27, p. 592; 1, 29, p. 356; 2, 29, p. 
343; 2, 32, p. 388. 

Rules of House to "The rules of proceedings in the House shall be ob- 

govern, except as 

to speaking. served in a Committee of the Whole House, so far as they 
may be applicable, except the rule limiting the times of 
speaking; but no member shall speak twice to any ques- 
tion until every member chosing to speak shall have 
spoken." — Bute 134. 

no motion for pre- "No previous question can be put in committee, nor 

vious question or r u r ' 

y°eas!nnd n nays r nor can ^ s committee adjourn as others may — Manual, p. 
whe on table, '&c., 68 __ nor can ^ yeag and nayg be taken— -Cbwgr. Globe, 1, 

28, p. 618; 1, 26, p. 285 — nor can a motion to lie on the 
table be entertained — Cong. Globe, 2, 31, p. 645 — nor 
motions to reconsider." — Cong. Globe, 1, 27, p. 305. 



COMMITTEES OF THE WHOLE. 55 

In Committee of the Whole on the state of the Union Debate in, on the 

st&tc oi tne union* 

debate is not required to be confined to the particular 
subject-matter under consideration. — Cong. Globe, 2, 30, 
p. 587; 1, 31, p. 1475; 2, SI, pp. 630, 631; 1, 32, p. 1856. 
[It is otherwise, however, when the subject-matter has 
been made a special order.] 

' ' No member shall occupy more than one hour in debate Debate one hour, 
on any question in the House or in committee, but a mem- 
ber reporting the measure under consideration from a 
committee may open and close the debate: Provided, 
That when debate is closed by order of the House, any Five minutes* de- 

bate. 

member shall be allowed, in committee, five minutes to 
explain any amendment he may offer, after which any 
member who shall first obtain the floor shall be allowed 
to speak five minutes in opposition to it, and there shall 
be no further debate on the amendment; but the same 
privilege of debate shall be allowed in favor of and against 
any amendment that may be offered to the amendment; 
and neither the amendment nor an amendment to the Amendment not to 

.,, , , -, p be withdrawn 

amendment shall be withdrawn by the mover thereof, without unam- 

^ mous consent. 

unless by the unanimous consent of the House. 7 ' — Bute 34. 

"The House may at any time, by a vote of a majority Debate may be 

closed* 

of the members present, provide for the discharge of the 
Committee of the Whole House, and the Committee of the 
Whole House on the state of the Union, from the further 
consideration of any bill referred to it, after acting with- 
out debate on all amendments pending and that may be 
offered. 77 — Rule 136. [The closing of debate herein re- 
ferred to has reference only to the hour debate; the five Hour debate only 

closed* 

minutes' debate contemplated by the latter branch of the 
3Mli rule (recited in the foregoing paragraph) commences 
upon the adoption of the order under this rule. The 
following is the form of resolution for closing debate, 
which has been sanctioned by many years 7 practice, viz: 
^Resolved, That all debate in the Committee of the Form of resolution 

ttti i -n- r^ pi ttti tt for c ' osm o debate. 

Whole House (or Committee ot the Whole House on the 
state of the Union, as the case may be,) on (here insert 
title of bill or subject upon which it is proposed to close 
debate) shall cease, (here insert time at which it is pro- 
posed to close debate,) if the committee shall not sooner 



56 COMMITTEES OF THE WHOLE. 

come to a conclusion upon the same; and the committee 
shall then proceed to vote on such amendments as may 
be pending or offered to the same, and shall then report 
it to the House with such amendments as may have been 
adopted by the committee. " [The proposition to close 
debate may be made at any time, taking precedence even 
of a motion to go into Committee of the Whole; but to 
subject must have be in order at all, the subject upon which it is proposed 

been previously . 

considered. to close debate must have been previously taken up 

and considered by the committee. — Journal, 1, 32, p. 

Rule applies to 147. This rule is construed to apply as well to mes- 

messages as well as rr J 

bills * sages as bills, indeed to all subjects committed. — Jour- 

nal, 1, 32, p. 146. And debate may be closed upon 
any one of the subjects referred to in a message.— 

Member reporting Journal, 1, 32, p. 147. The right of the member who 

measure still has ■* 

bat? t0 close de_re P orte the measure under consideration to close debate 
is held not to be affected by this rule; but he may make 
his closing speech after the arrival of the time at which 
the House has directed that debate shall cease — Jour- 
nal, 1, 31, p. 1056; and such has been the invariable 
practice ever since.] 

where debate cios- Debate having been closed at a particular hour by order 

ed.time connot be . . 

extended by. of the House, it is not competent for the committee, even 
by unanimous consent, to extend the time. — Cong. Globe 
2, 32, pp. 784, 785. 

May take up other It is in order for the committee to la} 7 aside a bill after 

business after get- . 

ting through with having gone through with it, and, before rising, to pro- 

a bill on which de- ° ° o o ' i 

bate closed. cee( j £ other business on the calendar, notwithstanding 
the House may have adopted a resolution closing debate 
thereon.— Cong. Globe, 1, 33, pp. 1130, 1131. 

Amendments to an "All amendments made to an original motion in com- 

original motion. . . -i.ii • i 

mittee shall be incorporated with the motion and so re- 
nins and resoiu- ported. J? — Rule 128. [Bills and resolutions are sometimes 
corn S mSs a o? g the originally moved in Committees of the "Whole, having for 
their bases messages or reports previously referred and 
then up for consideration.] 
Amendments to a "All amendments made to a report committed to a 
Committee of the Whole House shall be noted and re- 
ported as in the case of bills. J; — Rule 129. 



COMMITTEES OF THE WHOLE. 5T 

If the committee shall amend a clause, and subsequently An amended clause 

subsequently 

strike out the clause as amended, the first amendment stricken out. 
thereby falls, and cannot be reported to the House and 
voted on. — Journal, 2, 31, p. 346. [So, too, if the com- 
mittee shall amend a bill ever so much, and subsequently bih amended and 

,,.,,. , t substitute after- 

adopt a substitute therefor, the bill is to be reported to wards adopted, 
the House with but a single amendment, viz: the substi- 
tute; and the House has only to choose between the 
original bill and the substitute.] 

In Committee of the Whole a motion to rise, like the Motion to rise, 
motion to adjourn in the House, may be made at any 
time; and when at the rising a member is entitled to the 
floor, he is entitled to occupy it in preference to any other Member does not 

. . ^y lose his right to 

member at the next sitting of the committee. — Cong, floor by rising, and 

° u may yield for that 

Globe, 1, 31, pp. 358, 388. And a member occupying theP ur P° se - 
floor may yield it to another member to move that the 
committee rise without losing his right to reoccupy it at 
the next sitting. — Ibid., 2, 31, p. 645. The motion to Motion to rise may 

,.,, '-ipi i be withdrawn be- 

rise maybe withdrawn at anytime before the vote there- fore vote announc- 
on is announced. — Ibid., 1, 31, 4). 318. 

Where general debate has been closed, a member is Member offering 

. . . amendment can- 

not at liberty to speak m opposition to his own amend- not speak against 

^ x *- x it, or to main ques- 

ment. — Cong. Globe, 1, 31, p. 1408. Nor can he debate tion< 
the main proposition. — Ibid., 2, 32, p. 1723. 

' ' No motion or proposition for a tax or charge upon Motion for tax or 

A m x ... charge upon peo- 

the people shall be discussed the day on which it is made p ,e - 

or offered, and every such proposition shall receive its 

first discussion in a Committee of the Whole House.' 7 — 

Rule 131. And "no sum or quantum of tax or duty increase of tax or 

TT-r T~r « duty. 

voted by a Committee of the Whole House shall be in- 
creased in the House until the motion or proposition for 
such increase shall be first discussed and voted in a Com- 
mittee of the Whole House; and so in respect to the 
time of its continuance. — Rule 132. 

"All proceedings touching appropriations of money Appropriations of 

, -., n _. . . money to be first 

snail be first discussed in a Committee 01 the Whole discussed in. 



House." — Rule 133. — (See appropriation bills.) 

"No appropriation shall be reported in the general 
appropriation bills, or be in order as an amendment 
thereto, for any expenditure not previously authorized 



58 COMMITTEES OP THE WHOLE. 

by law, unless in continuation of appropriations for such 
public works and objects as are already in progress, and 
for the contingencies for carrying on the several depart- 
ments of the government." — Rule 81. 

An amendment in the nature of a private claim on 
the government is not in order to a general appropria- 
tion bill.— Cong. Globe, 1, 31, pp. 1617, 1651; 2, 32, p. 
.736; 1, 33, pp. 385, 1483. 

cannot rule out of [In the case of an appropriation reported by the Corn- 
order any part of L x x x x j 

the bill committed. mittee f Ways and Means in conflict with the %lst rule, 
and committed with the bill, it is not competent for the 
Committee of the Whole to rule it out of order, because 
the House having committed the bill are presumed to 
have received, as in order, the report in its entirety. 

Practice in regard So far as amendments are concerned, the current of 

to amendments in. 

decisions has been to exclude, not only all appropriations 
not previously authorized by law, (with the exceptions 
contained in the rule,) but also all independent legisla- 
tion; tolerating, however, limitations and provisoes as to 
appropriations which are themselves in order.] 
c^nTideied^n. 10 be "Upon bills committed to a Committee of the Whole 
House, the bill shall be first read throughout by the Clerk, 
and then again read and debated by clauses, leaving the 
Preamble. preamble to be last considered; the body of the bill shall 

How amendments not be defaced or interlined: but all amendments, noting 

are to be noted in. ° 

the page and line, shall be duly entered by the Clerk on 

a separate paper as the same shall be agreed to by the 

After bm is report- committee, and so reported to the House. After report, 

ed from. 

the bill shall again be subject to be debated and amended 
by clauses before a question to engross it be taken." — 
Rule 127. [The first reading herein required is usually 
dispensed with, but of course only by unanimous consent. 
Since the practice of printing all bills upon the order for 
their commitment has obtained, the amendments are 
usually noted upon a copy of the bill. The debate and 
amendment after report of a bill is usually precluded by 
an order for the previous question.] 

Where a bill is being considered by clauses or sections, 
and the committee has passed from the consideration of a 
particular clause or section, it is not in order to recur 
thereto.— Gong.. Globe, 2, 32,^. 730; 2, 35, p. 1422. 



COMMITTEES OF THE WHOLE. 59 

"In Committee of the Whole on the state of the Union, how mus are taken 

,,.,,,,,.. , it up in Union. 

the bills £hall be taken up and disposed of in their order 
on the calendar; but when objection is made to the con- 
sideration of a bill, a majority of the committee shall de- 
cide, without debate, whether it shall be taken up and 
disposed of or laid aside: provided, that general appro- Preferred bins, in. 
priation bills, and, in time of war, bills for raising men or 
money, and bills concerning a treaty of peace, shall be 
preferred to all other bills, at the discretion of the com- 
mittee; and when demanded by any member, the ques- 
tion shall first be put in regard to them." — Bute 135. 
[Where a bill has been taken up and is left undisposed of 
at the rising of the committee, it is the business first in 
order when the House shall again resolve itself into com- 
mittee.] 

Where an amendment is reported from the Committee Amendments from, 

_ .__... 1 . 1 ... not divisible. 

oi the Whole as an entire and distinct proposition, it 
cannot be divided, but must be voted upon as a whole. — 
Journals, 1, 28, p. 1061; 1, 2d, pp. 366, 642; 1, 30, p. 1059; 
2, 30, £>p. 574, 575. 

[The following are the usual forms of report bv the Forms of report to 

. ■ /^ r J the House. 

chairman of the Committee of the Whole, viz : 

"The Committee of the Whole House on the state of in case of report 

, __ , . with or without 

the Union having, according to order, had the state f amendraem - 
the Union generally under consideration, and particularly 
(here insert title of bill or other matter) have directed me 
to report the same with (or without, as the case may be) 
amendments. " 

Where the committee have failed to get through withm case of failure 
the matter before them, instead of saying "have directed t0 get through ' 
me to report," &c, say "have come to no resolution 
thereon. 77 

Where the committee have risen for want of a quorum, in case of want of 
instead of saying " have directed me to report, 77 &c, say^ """" 
"having found itself without a quorum, I caused the roll 
to be called, and herewith report the names of the absen- 
tees to the House. 77 

In case of reports from a Committee of the Whole Reports from a 

H-j ji -i , , i r. Committee of the 

ouse, omit the words "on the state of the Union 7 7 whole House. 

where they first occur, and strike out the words "state 



60 



COMPENSATION. 



Report of, when re 



of the Union " where they next occur and insert "private 
calendar.' ; ] 

receded M^con- [The report of the chairman of the Committee of the 
Whole is invariably received immediately upon the rising 
of the committee, and, under the uniform practice, the 
bill or other proposition reported is the business then in 
order for the consideration of the House. It might be 
•otherwise in case it was made to appear that a quorum 
was not present when it was proposed to make the re- 
port.] But a mere assertion of the fact, without evidence, 
that a quorum is not present, will not prevent the recep- 
tion of the report.— Journal, 1, 35, pp. 814, 822. 

COMPENSATION. 

Members shaii re. ' ' Representatives shall receive a compensation for their 
services, to be ascertained by law and paid out of the 
treasury of the United States.' 7 — Const, 1, 6, 9. 

Amount of, for the By the act of August 16, 1856, it is provided that "the 
compensation of each representative and delegate in 
Congress shall be six thousand dollars for each Congress, 

Mileage for two and mileage as now provided by law for two sessions 

of the speaker, only;' 7 and "the Speaker of the House of Representa- 
tives shall receive double the compensation above pro- 
vided for representatives." — Stat, at Large, vol. XI, p .48. 
And by the joint resolution of December 23, 1857, that 
the said compensation shall be paid in the following 

in what manner manner, to wit : "on the first day of the first session of 

paid. 

each Congress, or as soon thereafter as he may be in 
attendance and apply, each representative and delegate 
shall receive his mileage as now provided by law, and 
all his compensation, from the beginning of his term, 
(March 4,) to be computed at the rate of two hundred 
and fifty dollars per month, and during the session com- 
pensation at the same rate. And on the first day of the 
second or any subsequent session he shall receive his 
mileage as now allowed by law, and all compensation 
which has accrued during the adjournment at the rate 
aforesaid, and during said session compensation at the 
same rate." — Ibid., p. 367. 



COMPENSATION. 61 

By the act of August 16, 1856, it is also provided, that Price of books to 

be deducted from. 

it any books shall hereafter be ordered to and received 
by members by resolution of either or both houses 
of Congress, the price paid for the same shall be 
deducted from the compensation provided for such mem- 
ber or members; but this does not extend to books 
ordered to be printed by the public printer during the 
Congress for which the said member shall have been 
elected. It is also the duty of the Sergeant-at-Arms of Deduction from in 

_. . case of absence. 

the House and the Secretary of the Senate, respectively, 
to deduct from the monthly payment of members the 
amount of his compensation for each day that such member 
shall be absent from the House or Senate, respectively, 
unless such representative, senator, or delegate shall 
assign as the reason for such absence the sickness of him- 
self or of some member of his family. — Stat, at Large, 
vol XI, p. 48. 

By a resolution of the House of March 4, 1842, the Excess of station- 
ery to be deducted 

Sergeant-at-Arms is required to deduct the amount of the from - 
excess of stationery over the value of $45 for a long and 
$25 for a short session received by a member from the 
pay and mileage of such member. — Journal, 2, 27, p. 495. 

The compensation which shall be due the members of Amount of, to be 
each house shall be certified to by the presiding officers speaker, 
thereof, respectively; and the same shall be passed as 
public accounts, and paid out of the public treasury. — 
Stat, at Large, vol III, $>. 404. And all certificates which certificates of the 

Speaker for, to be 

may have been or may be granted by the presiding conclusive. 

officers of the Senate and House of Representatives, 

respectively, of the amount due to the members of their 

several houses are, and ought to be, deemed, held, and 

taken, and are hereby declared to be, conclusive upon 

all the departments and officers of the government of the 

United States. — Stat, at Large, vol IX, p. 523. 

By the ioint resolution of March 3, 1859, it is provided of member who 
J J ' ' i shall die after the 

that whenever, hereafter, any member of the House of commencement of 

7 J Congress. 

Representatives shall die after the commencement of the 
Congress to which he shall have been elected, compen- 
sation shall be computed and paid his widow, or, if no 
widow survive him, to his heirs-at-law, for the period 



G2 CONFERENCE COMMITTEES. 

that shall have elapsed from the commencement of such 
Congress as aforesaid: Provided, That compensation shall 
be computed and paid in all cases for a period of not less 
than three months; and in no case shall constructive 
? %^ C ancy? tedmile ^ 6 be computed or paid. The compensation of 
each person elected or appointed afterwards to supply 
the vacancy so occasioned shall hereafter be computed 
•and paid from the time the compensation of his prede- 
cessor is hereby directed to be computed and paid for, 
and not otherwise. — Stat, at Large, vol. XI, pp. 442, 443. 

(See SERGEANT-AT-ARMS and MILEAGE.) 
CONFERENCE COMMITTEES. 

when conferences "It is on the occasion of amendments between the 

are asked. 

houses that conferences are usually asked; but they may 

be asked in all cases of difference of opinion between the 

- two houses on matters depending between them." — 

Manual, p. 124. 

in case of disagree- « In every case of an amendment of a bill agreed to in 

mem as to amend- ^ ° 

ments. one house and dissented to in the other, if either house 

shall request a conference and appoint a committee to 
confer, and the other house shall also appoint a commit- 
tee to confer, such committees shall, at a convenient hour 
to be agreed upon by their chairman, meet in the confer- 
ence chamber, and state to each other, verbally or in 
writing, as either shall choose, the reasons of their 
respective houses for and against the amendment, and 
confer freely thereon." — Joint Rule 1. 

At what stage usu- The usual course of proceeding previous to a conference 
is for one house to disagree to the other's amendment, and 
for the amending house to insist upon it's amendment and 
ask a conference. — Journal 1, 35, pp. 711, 933, 1062. 
But it sometimes happens, near the close of a ses- 
sion, that one house disagrees to the other's amendment, 
and thereupon asks a conference. — Journal 1, 3, pp. 221, 

conference after 222 1 2, 35, p. 564. A conference sometimes takes 

adherence. ' ' ' -*• 

place after one house has adhered. — Journal 1, 3, pp. 
281, 283; 2, 3. p. 254; 1, 34, pp. 1600, 1602; 1, 35, 
pp. 604, 615, 620. — Senate Journal, January 20, 1834; 
Manual, p. 125. 



CONFIDENTIAL COMMUNICATIONS — CONSIDERATION. 63 

"In the ordinary parliamentary course there are two At least two con- 

J x "* ferences before ad- 

free conferences at least before an adherence." — Manual, herence - 

p. 122. There are sometimes three and even four con- 
ferences before a matter of difference is disposed of. — 
Journal 1, 34, p. 943, 1600; 1, 35, pp.1136. 

In the case of disagreeing votes between the two To recede, to insist, 

. to adhere. 

houses, the House may either recede, insist, and ash a con- 
ference, or adhere, and motions for such purposes take pre- 
cedence in that order. — (See Manual, pp. 110, 111; Jour- 
nal 1, 23, p. 229; 1, 34, pp. 1516 to 1518.) 

The report of a committee of conference is, under the Report may be 

. . made at any time. 

practice of the House, so highly privileged that it has 
been held to be in order even pending a motion for a call 
of the House. —Journal, 1, 31, p. 1590. 

Where conference committees are unable to agree, that where unable to 

agree. 

fact is reported, and another committee is usually asked 

for and appointed. — Journals, 1, 31, p. 1681; 1, 34, pp. 

919, 938, 1516, 1518; 3, 34, p. 663; 1, 35, p. 1118. 

So, too, when a report is disagreed to, another confer- where report dis- 
agreed to. 
ence usually takes place. — Journals, 2, 27, p. 1248; 3, 34, 

pp. 653, 655; 1, 35, pp. 1105, 1106. 

The report is sometimes laid on the table. — Journal, 1, Report may be laid 
31, 1590. ° ntheMle - 

The committee may report agreement as to some of the May report agree- 

mentastopartand 

matters of difference, but unable to agree as toothers. — disagreement as to 

° the rest. 

Journal, 1, 29, p. 1302. 

u The request of a conference must always be by the Must be asked by 

. house which has 

house which is possessed of the papers. — Manual, p. 124. the papers. 
" In all cases of conference asked after a vote of dis- Papers to be left 

with conferees of 

agreement, &c, the conferees of the house asking it are othcr nouse< 
to leave the papers with the conferees of the other. " — 
Manual, p. 125. 

CONFIDENTIAL COMMUNICATIONS. 
(See SECRET SESSION.) 

CONSIDERATION. 

" When any motion or proposition is made, the qnes- when question of, 
tion 'Will the House now consider it? 7 shall not be put* 
unless it is demanded by some member, or is deemed 



64 CONVERSATION — COURT OF CLAIMS — DEBATE. 

necessary by the Speaker." — Rule 5. And it is compe- 
tent for a member to raise the question of consideration 
upon a report, even though a question of privilege is in- 
volved in the report. — Journal JI, 35, pp. 1083, 1085. But 
after a question has been stated, and its discussion com- 
when too late, menced, it is too late to raise the question of considera- 
tion. — Journal, 1, 17, pp. 296, 297. [But a single instance 
has occurred in many sessions where the question of con- 
sideration has been raised.] 

CONVERSATION. 

when not to be in- " While the Speaker is putting any question or address- 
ing the House, or when a member is speaking, none shall 
entertain private discourse." — Rule 39. 

COURT OF CLAIMS. 
(See CLAIMS, COURT OF.) 

DEBATE. 

Motion to be stated "When a motion is made and seconded, it shall be 

or read before. 

stated by the Speaker; or being in writing, it shall be 
handed to the Chair and read aloud by the Clerk before 
debated."— Rule 43. 
Member must rise When any member is about to speak in debate, or de- 

and address "Mr. J x 

Bpeaker." liver any matter to the House, he shall rise from his seat 

and respectfully address himself to " Mr. Speaker." — Rule 
31. [According to the usage, he may rise from any seat 
he may happen to occupy.] 

where more than " When two or more members happen to rise at once, 

one member rises • . 

at same time. the Speaker shall name the member who is first to 
speak. — Rule 33. And it is the right of the Speaker 
generally to name the member entitled to the floor. — 
Journal, 2, 32, p. 405. 

who entitled to By parliamentary courtesy, the member upon whose 
motion a subject is brought before the House is first en- 
titled to the floor. — Journal, 2, 30, p. 247. [So, too, it is 
an invariable practice for the Speaker, at every new stage 
of a bill or proposition, to recognize first the member who 
has had charge of it. But to be entitled to such a recog- 



DEBATE. 65 

nition, he must, in all cases, be a claimant for the floor at 
the same time with others.] 

"No member shall speak more than once to the same no member shaii 

speak but once, 

question without leave of the House, unless he be the exce P l the mover< 
mover, proposer, or introducer of the matter pending ; in 
which case, he shall be permitted to speak in reply, but 
not until every member choosing to speak shall have 
spoken." — Rule 37. But it is too late to make the ques- 
tion of order that a member has already spoken, if no one 
claims the floor until he has made some progress in his 
speech. — Journal, 1, 29, p. 934. "Members mav address where members 

± ■*■ •* may speak from. 

the House or committee from the Clerk's desk, or from a 
place near the Speaker's chair." — Bule 32. [Members 
very seldom speak from the place here indicated, but 
usually from some central position in the hall.] 

Where an amendment is offered after a member has Members may 

. , n . n speak again after 

occupied the floor, he may again occupy the floor, the amendm't offered, 
question being changed. — Journal, 1, 28, j>- 532. 

A member who has once spoken may be recognized to Member may move 

previous question 

move the previous question. — Journal, 1, 24, p. 1401. J ft e j[ e J| avins once 
The ris:ht of the "member reporting the measure" toR'gnt to open and 

° x o c]ose not a fl- ecte( i 

open and close debate is not affected by an order either J* P reviou s ques- 

± J tion or close of 

for the previous question or that debate shall cease in debate - 
committee. — Journal, 1, 31, p. 1056. 

Where a member has spoken part of his hour and where member 

x *~ moves previous 

moved the previous question, he may withdraw the^ u s r J ionwithinhis 
motion and speak for the remainder of his time. — Journal, 
1, 31, pp. 1367, 1368. 

While a member is occupvins* the floor, he may yield Member may 

1 J ° ' J ^ yield for explana- 

it to another for explanation of the pending measure as tion > &c - 
well as for personal explanation.— Journal, 1, 32, p. 524. 
[So, too, he may yield it for a motion to adjourn, or that 
the committee rise, without losing his right to reoccupy 
it for the remainder of his time whenever the pending 
question shall be resumed; but it is otherwise when he 
yields to enable another to offer or withdraw an amend- 
ment. ] 

"A member shall confine himself to the question under Must be confined 

to the question, 

debate, and avoid personality" — Bule 31 — but in Com- | v -jJ ided persona,ity 
mittee of the Whole on the state of the Union a wider 
5 



$6 DEBATE. 

latitude is allowed. "—Cong. Globe, 2, SO, p. 587; 1, 31, p. 

1475; 1, 32,^. 1856. 
contestant, in de- A contestant for a seat, or other person, occupying the 
to ruW -fl oor by leave of the House, is subject alike with members 

to the rules regulating debate. — Journal, 1, 28, p. 1011. 
uuestion of rejec- The question of the rejection of a bill, arising: upon its 

tion of bill debat- . J ' & I 

able - first reading, is debatable. — Journal, 2, 32, p. 152. 

No member to - On an appeal growing out of questions as to the appli- 

speak more than . . 

once on appeals, cability or relevancy of propositions, &c, "no member 
shall speak more than once without the leave of the 
House. "—Rule 2. 

where member "If any member, in speaking or otherwise, transgress 

transgresses the J 1 ° & 

rules in speaking, the rules of the House, the Speaker shall, or any member 
may, call to order; in which case, the member so called 
to order shall immediately sit down, unless permitted to 
explain; and the House shall, if appealed to, decide on 
the case, but without debate; if there be no appeal, the 
decision of the Chair shall be submitted to. If the deci- 
He may proceed in sion be in favor of the member called to order, he shall 
objects, or with be at liberty to proceed; if otherivise, he shall not be per- 

leave. . . 

mitted to proceed, in case any member object, without leave of 
the House; and if the case require it, he shall be liable to 
the censure of the House." — Ride 35. 
words excited to " If a member be called to order for words spoken in 

to be reduced to . 

writing. debate, the person calling him to order shall repeat the 

words excepted to, and they shall be taken down in writ- 
ing at the Clerk' s table ; and no member shall be held to 

when not censur- answer, or be subiect to the censure of the House, for 

able for words . 

spoken. words spoken in debate, if any other member has spoken, 

or other business has intervened, after the words spoken, 
and before exception to them shall have been taken." — 
Rule 36. 

Not to be question- "For any speech or debate in either house, members 

ed out of House ^ . x 

for debate. shall not be questioned in any other place." — Const., 1, 

VI, p. 9. 
no conversation or While a member is speaking, none shall entertain pri- 

passing between , 

member and chair, vate discourse, nor pass between mm and the Chair. — 

Rule 39. 
Debate closed in < ' The House may at any time discharge the Committee 

Committee of the J J & 

whole. f t ] ie Whole House and the Committee of the Whole House 



DEBATE. 



67 



on the state of the Union from the further consideration of 
any bill referred to it, after acting, without debate, on all 
amendments pending and that may be offered." — Rule 136. 

' ' Where debate is closed by order of the House, any Five minutes de- 

J bate after general 

member shall be allowed, in committee, five minutes to d ebate closed. 
explain any amendment he may offer, after which any 
member who shall first obtain the floor shall be allowed to 
speak five minutes in opposition to it, and there shall be 
no further debate on the amendment; but the same privi- 
lege of debate shall be allowed in favor of and against any 
amendment that may be offered to the amendment; and 
neither the amendment nor an amendment to the amend- 
ment shall be withdrawn by the mover thereof, unless 
by the unanimous consent of the committee." — Rule 34. 

(See COMMITTEES OF THE WHOLE.) 

Bv Rule 25 debate on the day of their presentation is Not allowed on 

J resolutions or bills 

prohibited upon resolutions submitted on the call of the on leav l? n n day of 
States and Territories after the reports of committees; 
and by Rule 26 all resolutions submitted on the alternate 
Mondays which shall give rise to debate shall lie over 
for discussion at least until all the States and Territories 
are called. And it has been decided (Journal, 1, 26, pp. 
557,, 763) that bills introduced on leave upon the call for 
resolutions, and which give rise to debate, must also lie 
over. It is a very common practice, however, when a 
resolution is submitted under these rules, for the mover 
to immediately demand the previous question, which, if 
ordered, prevents debate and brings the House to a direct 
vote on the resolution — thus avoiding the necessity for 
its lying over.— Journal, 1, 26, pp. 1064, 1067; 2, 27, 
p. 429; 1, 28, p. 558; 1, 29, p. 1235; 1, 30, p. 326. 
"On the first and fourth Friday of each month the 
calendar of private bills shall be called over, and the bills Not allowed on 

n ■/•• i • i t • n i n private bills on 1st 

to the passage ol which no objection shall then be made and 4th Fridays, 
shall be first considered and disposed of." — Rule 30. 
[The universal practice under this rule is not to tolerate 
discussion in committee on any private bill on the days 
named; and it has been decided (Journal, 1, SI, p. 697) 
that the rule applies equally to bills in the House.] 



68 DEBATE — DELEGATES. 

Not allowed on - 'A motion to adjourn, and a motion to fix the day to 

motions to adjourn < u J 

lie on table and t0 wn ^ cn tne House shall adjourn, shall be always in order; 

these motions, and the motion to lie on the table, shall be 

decided without debate." — Rule 48. 
Not to be excused "On a motion to excuse a member from voting, the 

from voting. ° ' 

question shall be taken without debate." — Rule 42. 
Nor on previous "On a previous question there shall be no debate. 

question, or inci- x ■•• 

penSU ^ uestions All incidental questions of order arising after a motion is 
made for the previous question, and pending such motion, 
shall be decided, whether on appeal or otherwise, without 
debate." And under Rule 50, after the main question is 
ordered, its effect shall be "to put an end to all debate." 

Nor on motion to Pending the demand for the previous question and the 

reconsider tbird ° x x 

vfo2? g quwtion r is passage of a bill it is not in order to debate a motion to 
pending a passage. recQng - ( j er ^ e yo tQ on its third reading; but the vote 

must be taken without debate. — Journal, 1, 34, p. 1009. 
Nor pending such demand is it in order even to ask a 
question of the mover of the proposition. — Journal, 1, 
28, p. 1003. 
Nor on questions of "All questions relating to the priority of business to 

priority of busi- x ^ ° , 

ness - be acted on shall be decided without debate." — Rule 113. 

Nor on motions to |"It has been invariably held, too, that a motion to sus- 

suspend rules, or L ^ . / ' 

to reconsider votes p en( j the rules is not debatable; nor motions to recon- 

on questions not c 7 

debatable. s ider votes on questions which were not themselves 

debatable, except where the original question was not 
debatable by reason of the order for the previous ques- 
tion.] 

bet bS^answerS Where a question has been ordered to be taken by 
yeas and nays, and has been put by the Speaker, and 
upon the roll call a vote has been given by a member, 
further debate is precluded. — Journal, 2, 10, p. 446. 
Such continues to be the practice; but if a member rises 
before a response is given, and is recognized by the Chair, 
he may proceed to debate the question. — Journal, 1, 17, 
pp. 216, 217. 

DELEGATES. 



to bis name. 



tion of. 



provision for eiec- By the act of March 3, 1817, it is provided, "that in 
every Territory of the United States in which a temporary 
government has been or hereafter shall be established, 



DEPARTMENTS — DISORDER. 69 

and which, by virtue of the ordinance of Congress of the 
13th of July, 1787, or of any subsequent act of Congress 
passed or to be passed, now hath or hereafter shall have 
the right to send a delegate to Congress, such delegate 
shall be elected every second year, for the same term of 
two years for which members of the House of Represent- 
atives of the United States are elected; and in that House 
each of the said delegates shall have a seat with a right shall have right to 

debate but not to 

of debating but not of voting. v °t e - 

The right of a delegate to submit a resolution is recog- 
nized by the 25th and 2Qth rules, and it is also competent 
for him to submit any motion which a member may make, May make motions 
except the motion to reconsider, which is dependent upon 
the right to vote.— Journals, 2, 30, p. 503; 1, 31, p. 1280. 

[In the organization of the House, the names of dele- Names of, called 

in organization of 

gates are called over alter those of members, and before the House, 
•taking their seats the same oath or affirmation is admin- 
istered as in the case of members.] 

DEPARTMENTS. 
(See EXECUTIVE DEPARTMENTS.) 

DISORDER. 

"In case of any disturbance or disorderly conduct in in the galleries or 
the galleries or lobby, the Speaker (or chairman of the 
Committee of the Whole House) shall have power to 
order the same to be cleared." — Rule 16. 

"Each house mav punish its members for disorderly House may punish 
behavior."-C«w«. "u. S., 1, 5, 8. membersfor - 

"The Speaker shall preserve order and decorum." — speaker shaii P re- 

* x serve oraer. 

Rule 2. 

" If any member, in speaking or otherwise, transgress in case of member 

J r ■ ° called to order. 

the rules of the House, the Speaker shall, or any member 
may, call to order ; in which case the member so called 
to order shall immediately sit down, unless permitted to 
explain; and the House shall, if appealed to, decide on 
the case, but without debate. If there be no appeal, 
the decision of the Chair shall be submitted to. If the 
decision be in favor of the member called to order, he 



70 DISTRICT OF COLUMBIA, COMMITTEE FOR THE. 

shall be at liberty to proceed; if otherwise, lie shall not he 
permitted to proceed, in case any member object, without 
leave of the House; and if the case require it, he shall be 
liable to the censure of the House." — Bide 35. 
Member may be l ' If a member be called to order for words spoken in 

censured. . 

debate, the person calling him to order shall repeat the 
words excepted to, and they shall be taken down in 
Writing at the Clerk's table; and no member shall be 
held to answer, or be subject to the censure of the House, 
for words spoken in debate, if any other member has 
spoken, or other business has intervened, after the words 
spoken, and before exception to them shall have been 
taken."— Rule 36. 

specific violations While the Speaker is putting any question, or ad- 
dressing the House, none shall walk out of or across the 
House; nor in such case, or when a member is speaking, 
shall entertain private discourse; nor while a member is 
speaking shall pass between him and the Chair. Every 
member shall remain uncovered during the session of 
the House. No member or other person shall visit or 
remain by the Clerk's table while the yeas and nays are 
calling or ballots are counting. — Rule 39. 

nl e me b d 8 in n aebate be " ^° P ers ° n ? m speaking, is to mention a member then 
present by his name." — Manual, p. 75. 

Disorderly words "Disorderly words spoken in a committee must be 

in committee. ^ x 

written down as in the House; but the committee can 
only report them to the House for animadversion." — 
Manual, p. 77, 
speaker may caii " If repeated calls do not produce order, the Speaker 

member by name. r 1. j. 

may call by his name any member obstinately persisting 
in irregularity."— Manual, p. 76. 



DISTRICT OF COLUMBIA, COMMITTEE FOR THE. 

when appointed, There shall be appointed at the commencement of each 

and of what num- x L 

ber - session a Committee for the District of Columbia, to con- 

sist of nine members. — Rule 76. 

its duties. "It shall be the duty of the Committee for the Dis- 

trict of Columbia to take into consideration ail such peti- 
tions and matters or things touching the said District as 



DIVISION OP THE HOUSE — DIVINE SERVICE. 71 

shall be presented, or shall come in question, and be re- 
ferred to them by the House, and to report their opinion 
thereon, together with such propositions relative thereto 
as to them shall seem expedient. "-^Rule 86. 

DIVISION OF THE HOUSE. 

(See voting.) 

DIVISION OF QUESTIONS. 

"Any member may call for the division of a question, How made, 
which shall be divided if it comprehend propositions in 
substance so distinct that one being taken away a sub- 
stantive proposition shall remain for the decision of the 
House. A motion to strike out and insert shall be Motion to strike 
deemed indivisible." — Rule 53. But it has been decided divisible. 
on appeals that on motions to commit with instructions, 0ther questions 
or on the different branches of instructions — Journals 1, not dmsible - 
17, p. 507; 1, 31, pp. 1395-'97; 1, 32, p. 611— on a 
Senate amendment — Journal 2, 32, p. 401 — on an amend- 
ment reported as a single amendment from a Committee 
of the Whole— Journals 1, 28, p. 1061; 1, 29, pp. 366, 
642; 1, 30, p. 1059, dec. — a division of the question can- 
not be had. 

"Upon the engrossment of any bill making appropria- upon engrossment 
tions of money for works of internal improvement of any provement bins, 
kind or description, it shall be in the power of any mem- 
ber to call for a division of the question, so as to take a 
separate vote of the House upon each item of improve- 
ment or appropriation contained in said bill, or upon such 
items separately, and others collectively, as the members 
making the call may specify; and if one -fifth of the mem- 
bers present second said call, it shall be the duty of the 
Speaker to make such divisions of the question, and put 
them to vote accordingly." — Rule 151. 

DIVINE SERVICE. 

"No person shall be permitted to perform divine ser- No * to be perform 



vice in the chamber occupied by the House of Eepre t] 



ed in hall without 
the cons 
Speaker. 



72 DOCUMENTS — DOORKEEPER. 

sentatives unless with the consent of the Speaker." — 
Rule 140. 

DOCUMENTS. 

ScfmembSwith "The Clerk shall have preserved for each member of 
one bound copy, t]ae House an extra copy, in good binding, of all the 

documents printed by order of either house." — Rule 144. 
fumSTcop?;'' P n addition to which there is a copy of each of said 

documents for each member deposited in the "document 
to X » ^ fold"g i room n » ^oom,, as soon as panted. And where extra numbers 

are ordered, they are sent to the "folding room" as 'soon 

as printed, from whence they are distributed pro rata 

among the members.] — (See printing.) 
two copies to be "There shall be retained in the library of the Clerk's 

retained in library. J 

office, for the use of the members there, and not to be 
withdrawn therefrom, two copies of. all the books and 
printed documents deposited in the library." — Rule 143. 

DOORKEEPER. 

shaii be appointed. " A doorkeeper shall be appointed for the service of 
iioids over until ^ ne House." — Rule 73. [This officer is usually elected 
successor eiected. at the commencement of each Congress; but in the 30th 
Congress (Journal, p. 366) the election w T as postponed until 
a very late day in the Congress, and the House then 
failing to elect, the doorkeeper of the preceding Con- 
gress continued to hold over until his successor was 
elected at the next Congress.] 
oath of office. "The doorkeeper shall be sworn to keep the secrets 

of the House." — Rule 74. [The oath of office, under the 
Constitution and this rule, is: "That he will support the 
Constitution of the United States and keep the secrets of 
the House."] 
shaii strictly exe- "The doorkeeper shall execute strictly the 17th and 

cute the rules in x J 

regard to admis- 18th rules, relative to the privilege of the hall." — Rule 

sion on the floor ' * ° 

and in gallery. OQ 

shaii announce "When a message shall be sent from the Senate to the 

messages from the . • -i ' -n n 

senate. House ot Representatives, it shall be announced at the 

door of the House by the doorkeeper." — Joint Rule 2. 
Duties not enume- [The doorkeeper, with the aid of his appointees, viz: 

rated in rules. , . .. n - , p -i -i • 

the superintendents oi the "iolding room" and " docu- 



DUTIES OR TAXES — ELECTIONS BY THE HOUSE. 73 

ment room" messengers, pages, folders, and laborers, 
discharge various duties which are not enumerated in 
the rule's, viz : He announces at the door of the House 
all messages from the President, &c; keeps the doors of 
the House; folds and distributes extra documents; fur- 
nishes members with printed copies of bills, reports, and 
other documents; conveys messages from members: keeps 
the hall in order, &c, &c] 

DUTIES OR TAXES. 

' ' No motion or proposition for a tax or charge upon Motion for, to be 

- 1 - *• cj j. g rst discussed i n 

the people shall be discussed the day on which it is made ^J5JJf ttee of the 
or offered; and every such proposition shall receive its 
first discussion in a Committee of the Whole House." — 
Rule 131. 

"No sum or quantum of tax or duty, voted by a Com- so also for increase 
mittee of the Whole House, shall be increased in the 
House until the motion or proposition for such increase 
shall be first discussed and voted in a Committee of the 
Whole House, and so in respect to the time of its con- 
tinuance." — Rule 132. 

(See also committees of the whole.) 

ELECTIONS BY THE HOUSE. 

"The House of Representatives shall choose their House shaii choose 

x its officers. 

Speaker and other officers*" — Const., 1, 2, 6. 

"In all other cases of ballot than for committees, a Majority neces- 

• -j. r xi ± • i it i j sary— bianks not 

majority oi the votes given shall be necessary to an counted. 

election; and where there shall not be such a majority on 

the first ballot, the ballots shall be repeated until a majority 

be obtained. And in all ballotings blanks shall be rejected 

and not taken into the count in enumeration of votes or 

reported by the tellers." — Rule 11. 

"In all cases of ballot by the House the Speaker shall speaker shaii vote. 

vote." — Rule 12. 

"In all cases where other than members of the House Previous nomina- 
tion. 
may be eligible to an office by the election of the House 

there shall be a previous nomination." — Rule 13. 

"In all cases of election by the House of its officers v . ote t0 be taken 

J viva voce. 

the vote shall be taken viva voce. 11 — Rule 14. 



74 ELECTIONS — COMMITTEE OF — CONTESTED. 

no person to visit "No member or other person shall visit or remain by 

Clerk's table . x J 

during. the Clerk' s table while the ayes and noes are calling or 

ballots are counting." — Bute 39. 
After postpone- After the election of a particular officer is postponed, 

ment, not in order . x i jr 

to go into election, it is not in order to move to proceed to the election of 

such officer before the arrival of the period to which the 

order for election postponement was made. — Journal, 1, 31, p. 405. But if 

need not be re- ~_ »'.*-.* 

newed on failure. the House should fail to go into an election on the day 

to go into at speci- J 

tied time. specified in the order of postponement, the matter does 

not thereby drop but the election may be proceeded with 
subsequently. — Journal, 1, 26, p. 253. 

ordinarily held to [Ordinarily it has been held that the election by the 

be question oi . J 

privilege. House of any of its officers is a question of privilege.] 



ELECTIONS, COMMITTEE OF. 

when to be a P - The Committee of Elections is of the number of the 

pointed, and num- 

ber - committees which, under the 76th rule, are to be appointed 

at the commencement of each session, and to consist of 
nine members each. 

its duties. "It shall be the duty of the Committee of Elections 

to examine and report upon the certificates of election, 
or other credentials, of the members returned to serve in 
this House, and to take into their consideration all such 
petitions and other matters touching elections and returns 
as shall or may be presented or come into question and 
be referred to them by the House." — Bute 77. 

ELECTIONS, CONTESTED. 

iio^e may decide. i: Each house shall be the judge of the elections, returns, 
and qualifications of its own members. 7 ' — Const., 1, V, 8. 

Notice of contest. By the act of February 19, 1851, (Stat at Large, vol. 
IX, p. 568,) it is provided that notice of intention to con- 
test shall be given by contestant to returned member 
within thirty days after the result of the election shall be 
determined by the canvassers, specifying particularly the 

Answer to notice, grounds upon which he relies in the contest. Within 
thirty days after service of said notice the returned mem- 
ber shall answer the same, admitting or denying the 
alleged facts, and setting forth specifically any other 



ELECTIONS, CONTESTED — ENACTING WORDS. 75 

grounds upon which he rests the validity of his election; 
and he shall serve a copy of his answer upon the con- 
testant. Where either partv desire to take testimony, Before whom tes- 

x ^ * timony may be 

application may be made to any judge of any court of taken - 

the United States, or to any chancellor, judge, or justice 

of a court of record of any State, or to any mayor, recorder, 

or intendant of any town or city; said officer to reside 

within the congressional district in which said election 

was held, who shall issue subpoenas to the witnesses 

named. Notice of intention to examine witnesses shall Notice l ? be g iven 

to opposite party. 

be given to the opposite party at least ten days before 
their examination; but neither party shall give notice of 
taking testimony at different places at the same time or 
within less than five days between the close of taking it 
in one place and its commencement in the other. No 1 - est ™ on ?' . t0 . h t e 

r closed within sixty 

testimony shall be taken, unless with the consent of the days ' 

House, (which may allow supplementary evidence to be 

taken, ) after the expiration of sixty days from the service 

of the answer of the returned member, and a copy of the And, together with 

rJ notice and answer, 

notice of contest and of the answer of the returned mem- S HouseVfkepr? 
ber shall be prefixed to the depositions and transmitted sentatlve 
with them to the Clerk of the House of Representatives. 

Upon the hearing of a case of contested election by the contest3nt allowed 

TT j.1 ± P in t0 deDate ' 

House, the courtesy ol occupying a seat upon the floor, and 

of being heard in his own behalf, is usually extended by 

the House to the contestant — Journals, 1, 29, p. 278, 

1, 34, p. 1258, &c. — and he is subject to all the rules of But subject to the 

debate which are applicable to members. — Journal. 1, 28, 

p. 1012. 

[All questions relating to the right of a member to his contested election 

-itt -, . . ., ..,• cases take prece- 

seat are held to be questions of privilege, and hence take dence over oihet 

° business. 

precedence of other business.] 

ENACTING WORDS — STYLE OF. 

The following is the enacting style made use of in Rests upon usage. 
Congress, viz: "Be it enacted by the Senate and House 
of Representatives of the United States of America in 
Congress assembled." It rests entirely upon usage, not 
having been prescribed by the Constitution or any law 
or rule. 



76 ENACTING WORDS, MOTION TO STRIKE OUT — ENGRAVING. 



ENACTING WORDS — MOTION TO STRIKE OUT. 

Takes precedence ■ <A motion to strike out the enacting words of a bill 

of motion to ° 

amend. shall have precedence of a motion to amend, and, if carried, 

its effect if carried, shall be considered equivalent to its rejection." — Rule 
119. [Some doubts .having been expressed of late years 
t P e°e W of ^wSJie as to tne P ower of a Committee of the Whole, under this 
to report. ru | e ^ ^ Q re p 0r £ a bill w ith a recommendation "that the 

enacting words be stricken out, 7 ' it may not be out of 
place to refer to the proceedings of the House which 
originated the rule. It was first adopted on the 13th of 
March, 1822, and by reference to the Journal of that 
House (1, 17, pp. 355, 380) it appears that on the next 
day such a report was received from the Committee of 
the Whole. So, too, in the next Congress (Journal, 1, 18, 
p. 566) a similar report was received. The cotempora- 
neous exposition of the rule, and the subsequent practice 
conforming thereto, would seem to settle the question 
that the Committee of the Whole may make such a re- 
port.] 
Sh r such r recom d ^e <l ues tion which arises (under the recent practice) 
to££fflLm& u P on a r eport from the Committee of the Whole that the 
enacting words be stricken out is, "Shall the enacting 
words be stricken out?" and the previous question is 
exhausted upon the taking of such vote. — Journals, 1, 33, 
p. 872; 3, 34, p. 479; 1, 35, p. 107. 

ENGRAVING. 

^Tinted 1101 - h be "Maps accompanying documents shall not be printed 

special order. under the general order to print without , the special 
direction of the House." — Rule 148. 

su eriStendenl of ^Y joint resolution of January 18, 1855, (Stat, at Large. 

unSer%iret r t£n n of Vo1 X i V' ^ 22 ') ' lt is provided that " when any charts, 
maps, diagrams, views, or other engravings, shall be re- 
quired to illustrate any document ordered to be printed 
by either house of Congress, such engravings shall be 
procured by the Superintendent of the Public Printing, 
under the direction of such committee as the house or- 
dering the printing of any such document shall direct." — 
(See also engraving, committee on.) 



committee. 



-ENGROSSED BILLS — ENROLLED BILLS. 77 



ENGRAVING — COMMITTEE ON. 

The Committee on Engraving, to consist of three mem- when appointed, 

° ° 7 and number of. 

bers, shall be appointed at the commencement of each 
session. — Rule 76. 

"There shall be appointed a standing committee of its duties. 
this House, to consist of three members, to be called the 
Committee on Engraving, to whom shall be referred by 
the Clerk all drawings, maps, charts, or other papers, 
which may at any time come before the House for en- 
graving, lithographing, or publishing in any way, which 
committee shall report to the House whether the same 
ought, in their opinion, to be published; and if the House 
order the publication of the same, that said committee 
shall direct the size and manner of execution of all such 
maps, charts, drawings, or other papers, and contract by 
agreement, in writing, for all such engraving, lithograph- 
ing, printing, drawing, and coloring, as may be ordered 
by the House; which agreement, in writing, shall be 
furnished by said committee to the Committee of Accounts, 
to govern said committee in all allowances for such works; 
and it shall be in order for said committee to report at all 
times."— Rule 104. 

ENGROSSED BILLS. 

" "All bills ordered to be engrossed shall be executed in exIcS 61 "' how 
a fair round hand. 7 ' — Rule 121. 

"While bills are on their passage between the two 3^ b e e d°byaS£ ld 
houses they shall be on paper, and under the signature 
of the Secretary or Clerk of each house, respectively." — 
Joint Rule 5. 

ENROLLED BILLS. 

"After. a bill shall have passed both houses, it shall be Tq be on P arch - 

*■ 7 ment. 

duly enrolled on parchment by the Clerk of the House 
of Representatives, or the Secretary of the Senate, as 
the bill may have originated in the one or the other 
house, before it shall be presented to the President of 
the United States." — Joint Rule 6. 

(See also enrolled bills, committee on.) 



78 ENROLLED BILLS, COMMITTEE ON. 

ENROLLED BILLS, COMMITTEE ON. 

shall examine and « When bills are enrolled, they shall be examined by 

leport enrolled bills ^ J 

a joint committee of two from the Senate and two from 
the House of Representatives, appointed as a standing 
committee for that purpose, who shall carefully compare 
the enrollment with the engrossed bills as passed in the 
two houses, and correcting any errors that may be dis- 
covered in the enrolled bills, make their report forthwith 
to their respective houses." — Joint Rule 7. 
May report at any "It shall be in order for the Committee on Enrolled 

time. 

Bills to report at any time." — Rule 138. [And it is a 
very common practice, when the House is in committee, 
for the Speaker to take the chair and receive such a re- 
port, and having signed the bill or bills reported, and 
the Clerk having read their titles, the committee resumes 
its session.] 
After report, bin to " After examination and report, each bill shall be signed 

be signed by speak- 
er- in the respective houses, first by the Speaker of the 

House of Representatives, then by the President of the 

Senate." — Joint Rule 8. 

shaii present bill "After a bill shall have been thus signed in each house, 

to President. . 

it shall be presented by the said committee to the Presi- 
dent of the United States for his approbation, (it being 
first endorsed on the back of the roll, certifying in which 
house the same originated, which endorsement shall be 
signed by the Secretary or Clerk, as the case may be, of 
the house in which the same did originate,) and shall be 
entered on the journal of each house. The said commit- 
tee shall report the day of presentation to the President, 
which time shall also be carefully entered on the journal 
of each house." — Joint Rule 9. 
other matters to be "All orders, resolutions, and votes which are to be 

enrolled 5 examined, m 

&c - presented to the President of the United States lor his 

approbation shall also, in the same manner, be previously 
enrolled, examined, and signed; and shall be presented 
in the same manner, and by the same committee, as pro- 
vided in the cases of bills." — Joint Rule 10. 

Not to present a bin " No bill or resolution that shall have passed the House 

to President on last 

day of session. f Representatives and the Senate shall be presented to 



EXECUTIVE DEPARTMENTS — EXCUSED FROM VOTING. 79 

the President of the United States for his approbation 
on the last day of the session." — Joint Rule 17. [This 
rule is usually rendered inoperative by reason of its sus- 
pension, which usually takes place on the last day of the 

session.] 

EXECUTIVE DEPARTMENTS. 

"A proposition requesting information from the Presi- cans on. 
dent of the United States, or directing it to be furnished 
by the head of either of the executive departments, shall 
lie on the table one day for consideration, unless other- snaii ne over one 

day. 

wise ordered by the unanimous consent of the House — 
and all such propositions shall be taken up for considera- 
tion in the order they were presented, immediately 
after reports* are called for from select committees, and, 
when adopted, the Clerk shall cause the same to be de- when adopted, 

Clerk to deliver. 

livered."— Rule 61. 

"It shall be the duty of the Clerk to make and cause List of reports 
to be printed, and deliver to each member at the com- made out by cierk, 
mencement of every session of Congress, a list of the 
reports which it is the duty of any officer or department 
of the government to make to Congress, referring to the 
act or resolution, and page of the volume of the laws or 
journal in which it may be contained; and placing under 
the name of each officer the list of reports required of 
him to be made, and the time when the report may be 
expected." — Rule 109. 

Messages and other executive communications are the com 
business first in order whenever the House proceeds to sidered 
the consideration of the business on the Speaker's table. — 
Rule 27. [It is the practice, however, of the Speaker, 
with the unanimous consent of the House, (which is rarely 
refused,) to lay such communications as shall not give rise 
to debate before the House immediately after the journal 
is read, in order that they may be printed and referred.] 



EXCUSED FROM VOTING. 

(See voting.) 



munications 
from, when con- 



80 EXPENDITURES, COMMITTEES ON. 

EXCUSED FROM SERVING ON COMMITTEE. 
(See COMMITTEES.) 

EXPENDITURES IN THE STATE DEPARTMENT, 
EXPENDITURES IN THE TREASURY DEPARTMENT, 
EXPENDITURES IN THE WAR DEPARTMENT, 
EXPENDITURES IN THE NAVY DEPARTMENT, 
EXPENDITURES IN THE POST OFFICE DEPARTMENT, AND 
EXPENDITURES ON THE PUBLIC BUILDINGS, 
COMMITTEES ON. 

when appointed, ' ' Six additional standing committees shall be appointed 

and number of. "" 

at the commencement of the first session in each Con- 
gress, whose duties shall continue until the first session 
of the ensuing Congress: 

1. A committee on so much of the public accounts and ex- ") 

penditures as relate to the Department of State ; 

2. A committee on so much of the public accounts and ex- 

penditures as relate to the Treasury Department ; 

3. A committee on so much of the public accounts and ex- 

penditures as relate to the Department of War ; 

4. A committee on so much of the public accounts and ex- 

penditures as relate to the Department of the Navy; 

5. A committee on so much of the public accounts and ex- 

penditures as relate to the Post Office ; and 

6. A committee on so much of the public accounts and ex- 

penditures as relate to the Public Buildings ; 

[Rule 105. 

Duties of. " It shall be the duty of the said committees to examine 

into the state of the accounts and expenditures respect- 
ively submitted to them, and to inquire and report par- 
ticularly — 

" Whether the expenditures of the respective depart- 
ments are justified by law; 

" Whether the claims from time to time satisfied and 
discharged by the respective departments are supported 
by sufficient vouchers, establishing their justness both as 
to their character and amount; 

"Whether such claims have been discharged out of 
funds appropriated therefor, and whether all moneys have 
been disbursed in conformity with appropriation laws; and 



To consist of 
five mem- 
bers each. 



FEES. 81 

" Whether any, and what, provisions are necessary to be 
adopted to provide more perfectly for the proper applica- 
tion of the public moneys, and to secure the government 
from demands unjust in their character or extravagant in 
their amount. 

" And it shall be, moreover, the duty of said commit- 
tees to report, from time to time, whether any, and what, 
retrenchment can be made in the expenditures of the 
several departments without detriment to the public 
service: whether any, and what, abuses at any time exist 
in the failure to enforce the payment of moneys which 
may be due to the United States from public defaulters 
or others; and to report, from time to time, such provi- 
sions and arrangements as may be necessary to add to the 
economy of the several departments and the account- 
ability of their officers. 

" It shall be the duty of the several committees on 
public expenditures to inquire whether any offices be- 
longing to the branches or departments, respectively, 
concerning whose expenditures it is their duty to inquire, 
have become useless or unnecessary; and to report, from 
time to time, on the expediency of modifying or abolishing 
the same : also, to examine into the pay and emoluments 
of all offices under the laws of the United States; and to 
report, from time to time, such a reduction or increase 
thereof as a just economy and the public service may 
require." — Rule 106. 

FEES. 

"When a member shall be discharged from custody, Against members, 
and admitted to his seat, the House shall determine 
whether such discharge shall be with or without paying 
fees; and, in like manner, whether a delinquent member, 
taken into custody by a special messenger, shall or shall 
not be liable to defray the expense of such special mes- 
senger." — Rule 64. 

"The fees of the Sergeant-at-Arms shall be, for every of sergeam-at- 
arrest, the sum of two dollars; for each day's custody and travelling, & c r . res 
releasement, one dollar; and for travelling expenses for 
himself or a special messenger, going and returning, one- 
6 



82 FIVE MINUTES' DEBATE — FLOOR, PRIVILEGE OF ADMISSION ON. 

tenth of a dollar per mile." — Rule 69. And it is provided 

by act of February 5, 1859, (Stat, at Large, vol. XI, p. 379,) 

constructive mile- " that hereafter the mileage or travelling allowance to the 

age prohibited. 

officer or other person executing precepts or summons of 
either house of Congress shall not exceed ten cents for 
each mile necessarily and actually travelled by such officer 
or other person in the execution of any such precept or 
summons." 
of witnesses sum- "The rule for paying witnesses summoned to appear 

moned by authority _ . . ini 

of House. before this House or either of its committees shall be as 

follows: For each day a witness shall attend, the sum of 
two dollars; for each mile he shall travel in coming to or 
going from the place of examination, the sum of ten cents 
each way; but nothing shall be paid for travelling home 
when the witness has been summoned at the place of 
trial."— Rule 141. 

of cierk for ex- The Clerk shall certify extracts from the journals of 

tractsfrom journal. pt» • in i • i 

the House of Representatives, and for such copies shall 
receive the same fees as are allowed bylaw to the Secre- 
tary of State for similar services. — Stat, at Large, vol. IX, 
p. 80. 



Allowed on amend- "Where debate is closed by order of the House, anv 

ments and amend- m * 

mems to amend- member shall be allowed, in committee, five minutes to 

ments. ' ' 

explain any amendment he may offer, after which any 
member who shall first obtain the floor shallbe allowed 
to speak five minutes in opposition to it, and there shall 
be no further debate on the amendment; but the same 
privilege of debate shall be allowed in favor of and 
against any amendment that may be offered to the 
amendment; and neither the amendment nor an amendment 
to the amendment shall be withdrawn by the mover thereof, 
unless by the unanimous consent of the committee." — Rule 
34. (See also committee of the whole, ante, pp. 55, 56.) 

FLOOR, PRIVILEGE OF ADMISSION ON. 

who shall have. • ; No person except members of the Senate, their 
Secretary, heads of departments, the President's private 
secretary ; the governor for the time being of any State, 



FOREIGN AFFAIRS, COMMITTEE ON — GALLERIES. 83 

and judges of the Supreme Court of the United States, 
shall be admitted within the hall of the House of Repre- 
sentatives." — Rule 17. 

The doorkeeper shall execute strictly the foregoing Doorkeeper to exe- 

x cute strictly rule 

rule. Rule 20. relative to. 

FOREIGN AFFAIRS, COMMITTEE ON. 

There shall be appointed, at the commencement of each when appointed, 
session of Congress, a Committee on Foreign Affairs, to 
consist of nine members. — Rule 76. 

"It shall be the duty of the Committee on Foreign its duties. 
Affairs to take into consideration all matters which con- 
cern the relations of the United States with foreign 
nations, and which shall be referred to them by the 
House, and to report their opinion on the same." — Rule 
94. 

FRIDAYS. 

Fridays and Saturdays are set apart for the considera- set apart for pri- 
vate business. 

tion of private bills and private business. — Rule 29. And 

on the first and fourth Friday of each month bills to the Bins not objected 

. to to be considered 

passage ot which no objection is made are first con- on first and fourth, 
sidered and disposed of. — Rule 30. 

(See PRIVATE BILLS AND PRIVATE BUSINESS.) 



GALLERIES. 

"Stenographers and reporters, other than the official certain portion for 

m reporters. 

reporters of the House, wishing to take down the de- 
bates, may be admitted by the Speaker to the reporters' 
gallery over the Speaker's chair, but not on the floor of 
the House; but no person shall be allowed the privilege 
of said gallery under the character of stenographer or 
reporter without a written permission of the Speaker, 
specifying the part of said gallery assigned to him; nor 
shall said stenographer or reporter be admitted to said 
gallery unless he shall state in writing for what paper or 
papers he is employed to report; nor shall he be so 
admitted, or, if admitted, be suffered to retain his seat, if 
he shall be or become an agent to prosecute any claim 



84 GOVERNORS OP STATES — HOUR RULE. 

pending before Congress; and the Speaker shall give his 
written permission with this condition. " — Rule 18. 

visitors. [Other portions of the galleries are set apart for 

visitors.] 

speaker or chair- "In case of any disturbance or disorderly conduct in 

man may order, 

cleared. the galleries or lobby, the Speaker (or chairman of the 

Committee of the Whole House) shall have power to 
order the same to be cleared.' ? — Rule 16. Or the 
House may order it cleared. — Journal, 1, 24, p. 33.1. 



GOVERNORS OF STATES. 

Admitted on floor. The governor for the time being of any State may be 
admitted within the hall of the House of Representa- 
tives. — Rule 17. 

copy of journal to It shall be the duty of the Clerk, at the end of each 

be sent to. . . _ , 

session, to send a printed copy oi the journal to the exe- 
cutive of every State. — Rule 110. 



HALL OF THE HOUSE. 

speaker to have The Speaker shall have a general direction of the 

direction of. 

hall. — Rule 6. And no person shall be permitted to per- 
form divine service therein unless with his consent. — 
Rule 140. 

who may be ad- "No person except members of the Senate, their Sec- 
muted Within. inn -i-i 

retary, heads of departments, the President s private 
secretary, the governor for the time being of any State, 
and judges of the Supreme Court of the United States, 
shall be admitted within the hall of the House of Repre- 
sentatives. — Rule 17. And by Rule 20 the doorkeeper is 
required to execute this rule strictly. 



HOUR RULE. 

No member shaii "No member shall occupy more than one hour in de- 
debate more than , . . 

one hour. bate on any question m the House or m committee; but 

a member reporting the measure under consideration from 
a committee may open and close the debate. ?; — Rule 34. 
(See DEBATE.) 



V 

HOUR AT WHICH ADJOURNMENT IS MOVED — IMPEACHMENT. 85 



HOUR AT WHICH ADJOURNMENT IS MOVED. 

4 ' The hour at which every motion to adjourn is made To be entered on 

* ° the journal. 

shall be entered on the journal." — Bute 49. 



HOUR OF DAILY MEETING. 

[The hour of daily meeting is fixed by an order of the How fixed. 
House — usually on the first day of the session — and con- 
tinues "until otherwise ordered.''] 

IMPEACHMENT. 

"The House of Representatives shall have the sole House has sole 

power of. 

power of impeachment." — Const, 1, 2, 6. 

[The proceedings in the case of the impeachment of 
Judge Peck, in the 21st Congress, were as follows : 

The House having resolved that he be impeached of 
" high misdemeanors in office," (Journal, 1, 21, pp. 565, 
566,) it was ordered ' ' that Mr. and Mr. be committee ap - 

pointed to go to 

appointed a committee to go to the Senate, and at the bar senate, 
thereof, in the name of the House of Representatives, and 
of all the people of the United States, to impeach James 
H. Peck, judge of the district court of the United States 
for the district of Missouri, of high misdemeanors in office, 
and acquaint the Senate that the House of Representatives 
will in due time exhibit particular articles of impeachment 
against him and make good the same, and that said com- 
mittee do demand that the Senate take order for the ap- 
pearance of the said James H. Peck, to answer to said 
impeachment.' 7 

The House then, on motion, appointed a committee of committee to pre- 

L *■ pare articles. 

five "to prepare and report to the House articles of im- 
peachment against James H. Peck, district judge of the 
United States for the district of Missouri, for misde- 
meanors in his said office." — (p. 567.) 

A message was received from the Senate notifying the Message from the 

XT t_ . . Senate. 

House "that the Senate will take proper order therein, 
of which due notice shall be given to the House of Repre- 
sentatives." — (p. 574.) 



86 IMPEACHMENT. 

Articles reported The committee appointed to prepare articles of im- 

and adopted by x , x x 

House. peachment made their report, (p. 584,) which was com-" 

mitted to the Committee of the Whole House on the 
state of the Union, (p. 588;) and having been considered 
therein, was reported with amendments and so agreed to 
by the House. — (pp. 591 to 595.) 

It was then ordered "that five managers be appointed 

Managers appoint- bv ballot to conduct the impeachment against James H. 

ed on the part of J x o 

the House. Peck, judge of the district court of the United States for 

the district of Missouri, on the part of the House/ ' who 
were thereupon appointed. — (p. 595.) 

It was then ordered "that the article agreed to by the 
House, to be exhibited in the name of themselves and of 
all the people of the United States, against James H. Peck, 
in maintainance of their impeachment against him for 

Managers to carry high misdemeanors in office, be carried to the Senate by 

articles to Senate. . -i , • i • i . , , 

the managers appointed to conduct said impeachment. 77 
cierk to notify And the Clerk was directed to inform the Senate of the 

Senate of appoint- i r i ^ i 

ment of managers, appointment of said managers, and ot the last mentioned 

order of the House. — (p. 596.) 
Message from se- A message was received from the Senate informing the 

nate, when to re- 
ceive managers. House of the time at which it would resolve itself into a 

Court of Impeachment, when it would receive the mana- 
gers appointed to exhibit the article of impeachment. — 
(p. 603.) 

Rep't of managers. The managers having carried said article to the Senate, 
made report of the fact to the House. — (p. 605.) 

senate notifies The Senate notified the House of its issue of summons 

House of its pro- 

ceedings. t o Judge Peck, (p. 606,) and of its order that he file his 

answer and plea with its Secretary by a certain day. — 
(p. 625.) , 

House determined The House resolved that it would, on the dav above 

to go into Commit- ' J 

an e datVn h d^n^se n- named ' " and at such hour as the Senate shall appoint, 
ate at trial. resolve itself into a Committee of the Whole House, and 

attend in the Senate 7 ' on the trial of the said impeach- 
ment.— (p. 714.) 
senate ready to The Senate on same day notified the House ' ' that it 

proceed upon trial, 

House receive the was reac ty *° P r °ceed upon the impeachment of James H. 
Peck, judge, &c, in the Senate chamber; which chamber 



IMPEACHMENT — INDEFINITE POSTPONEMENT. 87 

was prepared with accommodations for the reception of 
the House of Representatives." — (p. 717.) 

Thereupon the House resolved itself into a Committee go^ attend m 
of the Whole House, and proceeded to the Senate in that 
capacity; having spent some time therein, they returned 
into the chamber of the House, and the Speaker having 
resumed the chair, the chairman of the Committee of the 
Whole reported the proceedings which had taken place, 
and that the Senate, sitting as a high court of impeach- 
ment, had adjourned to meet at the next session. — (p. 717.) 

At the next session, (2, 21,) Mr. Buchanan, from the ^ p b lic ^ e ^ dopt " 
managers, reported to the House a replication to the 
answer and plea of Judge Peck, which was agreed to by 
the House; and the said managers were instructed to 
maintain the same at the bar of the Senate; and the Senate 
were informed thereof. — (pp. 47, 48.) 

The Senate notified the House of their readiness to senate notify the 

House of their rea- 

proceed to the trial, (p. 52,) and the House resolved that g«»«» t0 proceed 
from day to day it would resolve itself into a Committee House reso ive to 
of the Whole and attend the same. — (p. 97.) 

Subsequently , the House resolved that the managers be House ceases to 
instructed to attend the trial, and that the attendance of 
the House be dispensed with until otherwise ordered. — 
(p. 141.) 

The managers having announced that the testimony 
had closed, (p. 175,) the House resolved that during the House attends dur- 
argument of counsel it would from day to day attend in 
the Senate.— (p. 186.) 

The report of the final action of the Senate in the case, Report of final 
made to the House by the chairman of the Committee of 
the Whole. — (p. 236.) 

The rules of proceedings of the Senate in cases of im- Rules of senate in 
peachment will be found in " Trial of Judge Peck, pp. 5g impeac r 
to 59.] 

For further information on the subject of impeachment, 
see "Chase's Trial" and "Trial of Judge Peck." 

INDEFINITE POSTPONEMENT. 

(See postpone, motion to.) 



88 INDEXES — INTERNAL IMPROVEMENT BILLS. 

INDEXES. 

To the joumai. ' ' The Clerk shall, within thirty days after the close of 

each session of Congress, cause to be completed the 
printing and primary distribution to members and dele- 
gates of the journal of the House, together with an 
accurate index to the same." — Rule 142. 

to the laws. "The Clerk shall cause an index to be prepared to the 

acts passed at every session of Congress, and to be 
printed and bound with the acts." — Rule 146. [The 
Clerk has been relieved of the duty required by this 
rule by the joint resolution of September 26, 1850, which 
directs that the annual Statutes at Large, published by 
Little & Brown (and indexed by them) be contracted 
for instead of the edition previously issued by order of 
the Secretary of State. — Stat, at Large, vol. IX, p. 564.] 

To other docu- it also devolves upon the Clerk's office, under the 

ments. - 1 ' 

usage, to prepare indexes to "Executive Documents," 
" Miscellaneous Documents, " "Reports of Committees," 
"Reports of Court of Claims," "Bills and Joint Resolu- 
tions," &c. 



S num a b P er of. ted ' There shall be appointed at the commencement of each 
session a Committee on Indian Affairs, to consist of nine 
members. — Rule 76. 



Duties of. 



[There are no duties assigned to this committee by the 
rules.] 



INTERESTED. 

JJJ™J ernottovote "No member shall vote on any question in the event 
of which he is immediately interested." — Rule 40. [As 
to the kind of interest here alluded to, the true construc- 
tion doubtless is, that it shall be a direct personal or 
pecuniary one. — See note to said rule.~\ 

INTERNAL IMPROVEMENT BILLS. 

Division of ques- " Upon the engrossment of any bill making appropria- 
tions of money for works of internal improvement of any 



INVALID PENSIONS, COMMITTEE ON — JOURNAL. 89 

kind or description, it shall be in the power of any mem- 
ber to call for a division of the question, so as to take a 
separate vote of the House upon each item of improve- 
ment or appropriation contained in said bill, or upon such 
items separately, and others collectively, as the members 
making the call may specify; and if one fifth of the mem- 
bers present second said call, it shall be the duty of the 
Speaker to make such divisions of the question, and put 
them to vote accordingly. " — Rule 151. 

INVALID PENSIONS, COMMITTEE ON. 

There shall be appointed, at the commencement of each when appointed, 

*- * and number of. 

session, a Committee on Invalid Pensions, to consist of 
nine members. — Rule 76. 

"It shall be the duty of the Committee on Invalid Its dut ies. 
Pensions to take into consideration all such matters 
respecting invalid pensions as shall be referred to them 
by the House."— Rule 97. 



"The rules of parliamentary practice comprised in to govern where 

applicable, and not 

Jefferson s Manual shall govern the House in all cases to^ s nsis,ent with 
which they are applicable, and in which they are not 
inconsistent with the Standing Rules and Orders of the 
House and Joint Rules of the Senate and House of Repre- 
sentatives." — Rule 139. 

JOINT RESOLUTIONS. 

[The resolving clause of a joint resolution is, "Be it Reviving clause, 
resolved by the Senate and House of Representatives of 
the United States of America in Congress assembled;"] 
and, in all respects, joint resolutions are governed by the Governed by same 
same rules as bills, the word " bills, " where it occurs in™ 1 
the rules, being held to apply equally to a "joint resolu- 
tion."— Gong. Globe, 3, 27, p. 384. 

JOURNAL. 

"Each house shall keep a journal of its proceedings, House shall keep, 
and from time to time publish the same, excepting such 



90 JOURNAL. 

And publish. parts as may in their judgment require secrecy; and the 
Yeas and nay«, yeas and nays of the members of either house on any 

when to be entered J 

on - question shall, at the desire of one-fifth of the members 

present, be entered on the journal." — Const., 1, V, 9. 
veto message and The Constitution of the United States requires that 

yeas and nays on . 

vetoed bill to be " obiections" returned to the House by the President 

entered on. ° ^ 

with a bill shall be entered "at large on their journal ;" 
and, in all cases, the votes of- both houses on the passage 
of a bill so returned shall be determined by yeas and nays, 
and the names of the persons voting for and against the 
bill shall be entered on the journal of each house respect- 
ively. — Const., 1, 7, p. 10. 
House may judge The House may judge what are and what are not " pro- 

what are proceed- ^ •* ° r 

™s s - ceedings." — Journal, 1, 29, p. 1047. 

All proceedings of the House subsequent to the erro- 
ErTect of erroneous neous announcement of a vote, which would have been 

announcement of. -i • p i tit 

a vote upon subse- irregular if such vote had been correctly announced, are 

quent record. ° 

to be treated as a nullity, and are not to be entered on 
the journal.— Journals, 1, 29, p. 1032; 1, 31,^. 1436. 
speaker shaii ex- "The Speaker shall examine and correct the journal 

amine. , . 

before it is read." — Bute 6. And every day after taking 
when to be read, the chair, " on the appearance of a quorum, shall cause 
the journal of the preceding day to be read." — Bute 1. 
[Since the rule authorizing the presentation of petitions 
in the House has been rescinded, that portion of the jour- 
nal which contains the record of petitions handed to the 
Clerk is never read, but is published.] 
written motions to " Every turitten motion made to the House shall be 

be inserted on. 

inserted on the journals, with the name of the member 
making it, unless it be withdrawn on the same day on 
which it was submitted." — Bute 44. [And such motions 
are often inserted even where subsequently withdrawn, 
especially where a vote is taken intermediately between 
its being submitted and withdrawal. All motions, how- 
to be entered on ever, to be entered on the journal must be first entertained 

must be entertain- r ,-1 c! ~«1™™ 1 

ed by speaker, by the bpeaker.J 

Name of member The name of the member who presents a petition or 

be entered on. memorial, or who offers a resolution to the consideration 

of the House, shall be inserted on the journal. — Bute 

60. [Indeed, the practice is to insert the name of the 



JOURNAL. 91 

member who may submit any proposition which is enter- 
tained by the Speaker.] 

' ' The hour at which every motion to adjourn is made ^ d ° u ^ r n f ^blTen 
shall be entered on the journal. ''—Rule 49. teredon * 

" Members having petitions and memorials to present petitions to be en- 
may hand them to the Clerk, endorsing the same with to control of the 

n ,...,, Speaker. 

their names, and the reference or disposition to be made 
thereof; and such petitions and memorials shall be entered 
on the journal, subject to the control and direction of the 
Speaker; and if any petition or memorial be so handed in 
which, in the judgment of the Speaker, is excluded by 
the rules, the same shall be returned to the member from 
whom it was received." — Rule 24. [The entry of peti- 
tions. &c. , above directed, is construed to require simply 
the entry of a brief statement of its contents, its refer- 
ence, &c] 

The names of the absentees reported upon a roll call Absentees in com- 
mittee of theWhole 
in Committee of the Whole "shall be entered on the to be entered on. 

journal."— Rule 126. 

The day of presentation of a bill to the President shall Date of presenta- 

J x tionofbilltoPresi- 

be carefully entered on the journal. — Joint Rule 9. dentt0 be entered 

J J on. 

A demand to enter a protest upon the "journal does not Demand to enter 

° protest on, not a 

present a question of privilege. — Journal, 2, 33, p. 451. question of privi- 
A motion being made to amend the journal while it is Motion to amend 

° J being laid on table, 

passing under the judgment of the House for approval, i° C c r ™p a £j e ? tl not 
should said motion to amend be laid on the table the 
journal does not accompany it. — Journal, 1, 26, p. 28. 

"When a member's vote is incorrectly recorded, it is his correetion of re- 

° t corded vote. 

right, on the next day, to have the journal corrected 
accordingly. — Journal, 2, 30, p. 211. But it is not in 
order to change a correct record of a vote given under a 
misapprehension. — Journal, 1, 31, p. 1266. 

"All questions of order shall be noted by the Clerk, Questions of order 

......... _ to be put at end of. 

with the decision, and put together at the end of the 

journal of every session." — Rule 111. 

"The Clerk shall, within thirty days after the close of Primary distribu- 
tion of, to be made 

each session of Congress, cause to be completed the in thirt £ days after 

° ' tr close of session. 

printing and primary distribution to members and dele- 
gates of the journal of the House, together with an accu- 
rate index to the same." — Rule 142. 



92 JUDICIAKY, COMMITTEE ON THE — LAWS OF THE U. S. 

printed copy of, to "It shall be the duty of the Clerk of the House, at the 

be sent to govern- 
or, &c en d of each session, to send a printed copy of the journal 

thereof to the executive and to each branch of the legis- 
lature of every State." — Bule 110. 
Extracts from, ad- Extracts from the journal, duly certified by the Clerk, 

milted as evidence ^ 

in courts. shall be admitted as evidence in the several courts of the 

United States, and shall have the same force and effect 
as the original thereof would have if produced in court 
and proved." — Stat, at Large, vol. IX, p. 80. 

JUDICIARY, COMMITTEE ON THE. 

when appointed, There shall be appointed, at the commencement of each 

and of what num- . . . , 

ber. session, a Committee on the Judiciary, to consist of nine 

members. — Bule 76. 

its duties. "It shall be the duty of the Committee on the Judi- 

ciary to take into consideration such petitions and matters 
or things touching judicial proceedings as shall be pre- 
sented, or may come in question, and be referred to them 
by the House; and to report their opinion thereon, to- 
gether with such propositions relative thereto as to them 
shall seem expedient. " — Bule 87. 

LAWS OF THE U. S. 

eiuion & of B s r e S Tion ^ tlie J oint res °l ut i° n of September 26, 1850, it is 
Shed! be fur " provided, "that the Secretary of State be authorized 
and directed to contract with Little & Brown to furnish 
their annual Statutes at Large, printed in conformity with 
the plan adopted by Congress in 1845, instead of the 
edition usually issued by his order under the act of Con- 
gress of April 20, 1818, and which conforms to an edition 
of the laws now in use/' — Stat, at Large, vol. IX, p. 564. 
whole number By the act of April 20, 1818, above referred to, of the 

contracted for. J x ■ , . _ n , , . , , 

11,000 copies of the session laws directed to be published 

and distributed under the direction of the Secretary of 

State, there shall be distributed "to each member of the 

House of Representatives and delegates in Congress from 

one copy for each an y Territory, one copy each;' 7 and "fifty copies to the 

c°ierk 0p fo7 the use Clerk of the House of Representatives, for the general 

^SeT ""*use of the committees and members of the House. And 



LAWS OF THE U. S. — LIBRARY OF CONGRESS. 93 

it is further provided "that 300 of the said copies shall people s ^ li- 
be annually placed in the Library of Congress; and every members * 
member of Congress and every delegate shall be entitled 
to the use of a copy during the session, to be returned 
and accounted for, (fee." 

Bv the act of March 3, 1845, the Attorney General isi,ooo copies of 

*• Statutes at Large. 

authorized to contract with Messrs. Little & Brown lor 

one thousand copies of their proposed edition of the laws 

and treaties of the United States, according to the plan 

in said law set forth. — Stat, at Large, vol. V, p. 798. Of 

which number, by the act of August 8, 1846, there are 

to be distributed under the direction of the Secretary of 

State "two hundred and eighty copies to the Librarian 280 copies for Li- 

of Congress for the use of the members of the Senate member^ 

and House during the sessions of Congress," and " fifty so copies to cierk 

copies to the Clerk of the House of Representatives, for mittees, &c. 

the chambers and committee rooms of the House." — 

Stat, at Large, vol. IX, jp. 75. 

By the act of February 5, 1859, the distribution pro- secretary of inte- 
vided for in the foregoing acts is directed to be made by 
the Secretary of the Interior; and of the number of Statutes 
at Large heretofore deposited in the Library of Congress 
for the use of members, it was directed that after retaining 
ten copies, two-thirds of those remaining should be trans- copies to be trans- 

ferred to House 

terred to the Library of the House. — Stat, at Large, Libraf y- 
vol XI, p. 379. 

LIBRARY OF CONGRESS. 

By the act of April 24, 1800, the first appropriation for First appropriation 
the purchase of books for the use of Congress, and for 
the fitting up in the Capitol an apartment therefor, was 
made; and said purchase was directed to be made by the 
Secretary of the Senate and Clerk of the House, " pursuant 
to such directions as shall be given and such catalogue as 
shall be furnished by a joint committee of both houses 
of Congress, to be appointed for that purpose;' 7 and the 
regulations of said library were to be such "as the com- 
mittee aforesaid shall devise and establish. " — Stat, at 
Large, vol. II, p. 56. 



94 LIBRARY OF CONGRESS. 

President of senate By the act of January 26, 1802, the President of the 

and Speaker to •> . ■ ' 1 

make regulations Senate and the Speaker of the House for the time being 
are "empowered to establish such regulations and in- 
structions in relation to the said library as to them shall 
seem proper, and from time to time to alter or amend 
the same: Provided, That no regulation shall be made 
repugnant to any provision contained in this act." It 
confers the appointment of the Librarian upon "the 

iT^S^&i^^^^'oi the United States solely/' and provides 
further, "that no map shall be permitted to be taken out 
of said library by any person; nor any book, except by 

ELS. take tne Presi dent and Vice President of the United States 
and members of the Senate and House of Representatives 
for the time being;" and "that the unexpended balance 
of the sum of $5,000 appropriated by the act of Con- 
gress aforesaid for the purchase of books and maps for 
the use of the two houses of Congress, together with 
such sums as may hereafter be appropriated to the same 
purpose, shall be laid out under the direction of a joint 

joint committee committee, to consist of three members of the Senate and 

on. 

three members of the House of Representatives." — 
Stat, at Large, vol. II, p. 129. 

By the acts of May 1, 1810, (Stat at Large, vol. II, 
p. 612;) March 2, 1812, (Ibid., p. 786;) April 16, 1816, 
(Stat at Large, vol. Ill, p. 284;) January 13, 1830, (Stat, 
at Large, vol. IV, p. 429,) the privilege of using books in 
said library, with the consent of the President of the 

boSs^xtendecJ Senate and Speaker of the House, was extended to the 
agent of the Library Committee, judges of the Supreme 
Court, Attorney General, members of the diplomatic 
corps, heads of departments, Secretary of the Senate, 
Clerk of the House, Chaplains of Congress, and, while 
in the District of Columbia, ex-Presidents of the United 
States. 

Lawjibrary estab- By the act of July 14, 1832, the Librarian was directed 
to remove the law books into a separate apartment to be 
prepared for the purpose of a law library, and the justices 

supreme judges to of the Supreme Court were "authorized to make rules 

make regulations 

^r. and regulations for the use of the same by themselves 

and the attorneys and counsellors, during the sittings of 



LIBRARY OF CONGRESS — LIE ON THE TABLE, MOTION TO. 95 

the said court, as they shall deem proper: Provided, such 
rules and regulations shall not restrict the President of 
the United States, the Yice President, or any member of 
the Senate or House of Kepresentatives, from having 
access to the said library, or using the books therein, in 
the same manner that he now has, or may have, to use 
the books of the Library of Congress." — Stat, at Large, 
vol IV, p. 579. 

LIBRARY OF CONGRESS, JOINT COMMITTEE ON. 

"There shall be a Joint Committee on the Library, to 
consist of three members on the part of the Senate and J n ° d J* wjjj 
three on the part of the House of Representatives, to ber ' 
superintend and direct the expenditure of all moneys 
appropriated for the library, and to perform such other Duties of - 
duties as are or may be directed by law." — Joint Bute 20. 

[This committee is usually appointed at the cammence- when appointed, 
ment of each session.] 

(See also library of congress.) 

LIBRARY OF THE HOUSE. 

"There shall be retained in the library of the Clerk's Two copies of an 
office for the use of the members there, and not to be to be retained in. 
withdrawn therefrom, two copies of all the books and 
printed documents deposited in the library." — Rule 143. 

LIE ON THE TABLE, MOTION TO. 

. Under the parliamentary law, this motion is only made For what p Urpose 
" when the House has something else which claims its usua ly ma e ' 
present attention, but would be willing to reserve in their 
power to take up a proposition whenever it shall suit 
them. " — Manual, p. 96. [But in the House of Represent- 
atives it is usually made for the purpose of giving a pro- 
position or bill its ''death blow;" and when it prevails, 
the measure is rarely taken up again during the session. ] 
By the 4,6th rule it is provided that when a question 
is under debate the motion to lie on the table takes prece- Takes precedence 

, n , . . of all other mo- 

dence of every other motion except the motion to adjourn, tions, except to;ad- 

/ r J journ. 

"The motion to lie on the table shall be decided with- Not debatable, 
out debate." — Rule 48. 

"In general, whatever adheres to the subject of this J° SeYabieTiS 
motion goes on the table with it, as, for example, where £nii s^bjecTof u. d 



96 LIE ON THE TABLE, MOTION TO. 

a motion to amend is ordered to lie on the table, the sub- 
ject which it is proposed to amend goes there with it." — 

Exceptions. Gushing, p. 565. But it is not so with the journal, where 
it is voted to lay upon the table a proposed amendment 
thereto — Journal, 1, 26, p. 28; nor with the subject out of 
which a question of order may arise, where the appeal is 
laid on the table, the decision of the Chair being thereby 
■virtually sustained — Journal, 1, 26, p. 529; nor with the 
bill or other proposition, where the motion to recon- 
sider a vote thereon is laid on the table. — Journals, 
passim. 

Not precluded by An order for the main question to be put does not pre- 

orderofmainques- . 

tion. elude the motion to lie on the table, but it may be made 

at any stage of the proceedings between the demand for 
the previous question and the final action by the House 
under it.— Journals, 1, 28, p. 490; 1, 30, p. 175. 

where motion can- Where a motion has already been made and negatived 

not be repeated. J ° 

to lay a bill on the table, and no change or alteration has 
been made in the bill, or no proceeding directly touching 
its merits has since taken place, the motion to lie on the 

new r s d taUr&c! ery ta1ble caimot be repeated. — Journal, 2, 27, p. 890. [But 
under the invariable practice, the motion may be enter- 
tained at every new stage of the bill or proposition, and 
upon any proceeding having been had touching its 
merits.] 

carries with it mo- Where a bill is laid on the table pending the motions 

lions to print. 

to refer and print, the motion to print, as well as all other 

motions connected with it, accompanies it. — Journal,*!,^, 

where motion to p, 195. But where, as in case of a message, report, &c, 

lie and print is- 1 ' -'.'-. 

made - it is moved to lie on the table and print, the said motion 

may be voted on as an entirety, or, under the 53d rule, 
it may be divided, and a separate vote taken on each 
branch of the motion. — Journal, 1, 32, p. 337. 

Negative vote on, A negative vote on a motion to lie on the table may be 

maybe reconsider- ° 

ed- reconsidered. — Journal, 2, 32, p. 234. 

where a motion to If a motion to reconsider be laid on the table, the latter 

reconsider is laid 

on the table, it can- vote cannot be reconsidered. — Journals, 3, 27, p. 334; 

not be reconsider- ' •' ' ■* ' 

ed - 1, 33, p. 357. 

Bui may be laid on The motion to lie on the table is in order pending the 
sideration of senate consideration of Senate amendments to a bill. — Journal, 

amendments there- 

^. 1, 33, p. 1250. 



LOBBY — MACE — MAPS — MANUFACTURES, COMMITTEE ON. 97 

The following propositions are required by the rules to Propositionswhicn 

x L l * lie on table one 

lie on the table one day, viz: da y- 

Every order, resolution, or vote, to which the concur- orders, &c.,requir- 

^ ing concurrence ot 

rence of the Senate shall be necessary, unless the House senate. 

shall otherwise expressly allow — Rule 59; calls on the caiis on depan- 

A * '- ments and to print 

President or Departments for information — or to print extra c °P ies - 
extra numbers of any document, except the annual mes- 
sage and the documents connected with or referred to in 
it, unless otherwise ordered by unanimous consent — and 
to be taken up in the order of presentation after reports 
from select committees are received — Rule 61; notices of Motion to change 

' rules. 

motions to rescind or change a standing rule or order — 

Rule 136; and notices of motions for leave to introduce Notices of biiis. 

bills— Rule 114. 

LOBBY. 

"In case of any disturbance or disorderly conduct in May be cleared, 
the galleries or lobby, the Speaker (or chairman of the 
Committee of the Whole House) shall have power to order 
the same to be cleared." — Rule 16. 

MACE. 

By a resolution of the House of April 14, 1789, (Journal, Directed to be pro- 
lst Cony., p. 14,) it was directed that a proper symbol of 
office should be provided for the Sergeant-at-Arms,of such 
form and device as the Speaker should direct: and by 
Rule 68 it is directed that "the symbol of his office (the To be borne by 

^ v Sergeant- at Arms 

mace) shall be borne by the Sergeant-at-Arms when in ^Jfi" offi e ^ e ecution 
the execution of his office." 

MAPS. 

"Maps accompanying documents shall not be printed, Not to be printed 

. without special di- 

under the general order to print, without the special rection. 
direction of the House." — Rule 148. 

(See ENGRAVING.) 

MANUFACTURES, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed 

L L . t and number of. 

session a Committee on Manufactures, to consist of nine 
members. — Rule 76. 

[There are no duties assigned to this committee by the Duties of. 
rules.] 

7 



98 MEETING OF CONGRESS. 



MEETING OF CONGRESS. 

siiaii be on first ' ' The Congress shall assemble at least once in every 

Monday in Decern- ^ *> 

ber - year, and such meeting shall be on the first Monday in 

December, unless they shall by law appoint a different 
day."— Const., 1, 4, 8. 

President may can. ''The President may, on extraordinary occasions, con- 
vene both Houses, or either of them." — Ibid., 2, 3, 18. 

At the first session. [On the day fixed for the first meeting of a Congress, 
either the first Monday of December, or such earlier day 
as may have been appointed by the President, the mem- 

when members bers elect assemble in the Hall of the House of Pepre- 

assemble. 

sentatives, and, at the hour of 12 o'clock M., are called to 
called to order by order by the Clerk of the last House standing at his desk. 

Clerk. . J to 

Having requested the members elect to respond to their 

Ron called. names as called, he proceeds to call the roll by States, 

beginning with the State of Maine. Having ascertained 
whether or not a quorum is present, he announces the 

Quorum present, fact to the House. If a quorum shall have answered, it 
is then usual for some member to move "that the House 

Election of speak- do now proceed to the election of a Speaker viva voce" 
The question on this motion having been put by the 
Clerk, and decided affirmatively, he then designates four 

Tellers. members who shall act as tellers of the vote about to be 

taken, usually making his selection from members of 
different parties. The tellers having taken their seats at 

Nominations. the Clerk's desk, and nominations having been made and 
recorded, the Clerk then proceeds to call the roll of mem- 
bers alphabetically, each member, as his name is called, 

voting for speaker, pronouncing audibly the name of the person voted for, 
and the Clerk (through one of his assistants) recording 
the name of the member voting in a column under that 
of the member voted for. After the roll call is completed 
and every member present (and desiring it) has voted, 
the lists of voters for each candidate are read over by the 

Anouncement of Clerk, when one of the tellers rises and announces to the 

vote. 

House what number of votes each candidate has received, 
when no one If no person shall have received a maioritv of all the 

elected. r . J J 

votes given, the House then proceeds (if no other order 



MEETING OF CONGKESS. 99 

be taken) to a second vote, and so on until an election is 

effected. But if any person shall have received a majority where speaker 

elected. 

of all the votes given, and a quorum have voted, the 
Clerk declares such person "duly elected Speaker of the 

House of Representatives for the Congress. 7 ' The 

Clerk then designates two members (usually of different conducted to chair 

v and sworn. 

politics, and from the number of those voted for as 

Speaker) "to conduct the Speaker elect to the chair;" and 

also one member (usually that one who has been longest 

a member of the House) "to administer to him the oath 

required by the Constitution of the United States." 

Having been conducted to the chair and taken the oath, 

it is usual for the Speaker to deliver to the House a brief 

address, which being concluded he then takes his seat as 

the presiding officer of the House. The Speaker then Members and deie- 

gates sworn. 

directs the Clerk to call the roll of members by States, 
requesting each member, as his name is called, to approach 
the chair, when he administers to them the oath to sup- 
port the Constitution of the United States. The delegates 
from the Territories are then called and sworn. 

At this stage it is usual for the House to adopt an order senate notified of 

presence of a quo- 

"that a message be sent to the Senate to inform that r "™ an ? election 

° of Speaker. 

body that a quorum of the House of Representatives has 

assembled, and that , one of the representatives 

from the State of , has been chosen Speaker, and 

that the House is now ready to proceed to business." 

And then, or upon the receipt of a message from the committee to wan 

. tt n , i n on President. 

Senate informing the House ot the presence ot a quorum 
in that body, it is usual for the House to adopt the follow- 
ing order: "That a committee of three members be ap- 
pointed on the part of the House, to join such committee 
as may be appointed on the part of the Senate, to wait 
on the President of the United States, and inform him 
that a quorum of the two houses has assembled, and that 
Congress is ready to receive any communication he may 
be pleased to make." 

It is then usual to adopt a resolution providing "that Rules of lastHowse 
the rules and orders of the last House of Representatives 
be adopted for the government of this House until other- 
wise ordered." 



100 MEETING OF CONGRESS. 

Election of officers. The election of officers is next proceeded with, which 
being completed, the House may be considered as fully 
organized. 

Hour of daily meet- Orders providins; for the hour of the daily meeting of 

ing, order for news- r o j o 

papers. ^ e House, an j f or furnishing members with newspapers, 

are amongst the earliest that are thereafter adopted.] 

[The foregoing are the proceedings which usually take 
.place upon the assembling of a new House of Representa- 
tives, and which generally occur on the first day of the 
meeting of Congress.] • 

peiay in the organ- There have been occasions, however, where the pro- 

lzauou. ' ' ~* 

ceedings were very different, and where the organization 
of the House was much longer delayed. In the 26th 
Congress, where the Clerk, upon the call of the roll by 
States for the ascertainment of the presence of a quorum, 

contested seats, proposed to omit the call of either of the claimants for 
each of several contested seats, on the fifth day of the 

chairman appoint- session a chairman was appointed "to serve until the 

ed. 

organization of the House by the election of a Speaker/ 7 
and such election did not take place until eleven days 
thereafter. — Journal, 1, 26, pp. 6, 79. 
Failure of majority In the 31st Congress, by reason of the failure of a ma- 

to vote for Speak- . ° 

er. jority to vote for any one candidate, there was no election 

of Speaker for nearly a month after the meeting. — Jour- 
nal, 1, 31, p. 3 to 164. 

And in the 34th Congress, for the same cause, an elec- 
tion of Speaker did not take place for two months after 
the meeting. — Journal, 1, 34, p. 3 to 446. 

die? n^dedde during the two last named periods, while the House 

queSstionsoforder -was without a Speaker, the Clerk presided over its de- 
liberations; not, however, exercising the functions of 
Speaker to the extent of deciding questions of order, but, 
as in the case of other questions, putting them to the 
House for its decision. 

speaker elected by On both of the last named occasions a Speaker was 
finally elected by a plurality vote; such mode of election, 
however, was previously authorized by a resolution of 
the House, and subsequently confirmed by a resolution 
declaring him "duly elected." — Journals, 1, 31, pp. 156, 
163, 164; 1, 34, pp. 429, 430, 444. 



MEMBEES. 101 

[At a second or subsequent session of Congress the At a second or sub- 
members are called to order by the Speaker, when he 
causes the Clerk to call the roil of members by States 
for the purpose of ascertaining whether or not a quorum 
is present. As soon as a quorum have answered, it is 
usual for the House to pass an order "that the Clerk Notify senate of 

quorum. 

inform the Senate that a quorum of the House of Repre- 
sentatives has assembled, and is ready to proceed to 
business;" and subsequently, as at the first session, to committee to wait 

. on President. 

pass an order for the appointment of a committee to wait 
on the President. An order is also passed fi 
otherwise ordered, the hour of daily meeting.] 

MEMBERS. 



on the President. An order is also passed fixing, until The hour of daily 

° meeting fixed. 



' ' No person shall be a representative who shall not Qualifications of. 
have attained the age of twenty-five years, and have 
been seven years a citizen of the United States, and who 
shall not, when elected, be an inhabitant of that State in 
which he shall be chosen." — Const, 1, 2, p. 5. 

"Each house shall be the judge of the elections, re- House shaii judge 
turns, and qualifications of its own members." — Ibid., of. 
1, 5, p. 8. 

(See ELECTIONS, CONTESTED.) 

' l When vacancies happen in the representation from vacancies, how 

any State, the executive authority thereof shall issue 

writs of election to fill such vacancies."— Ibid., 1, 2, p. 6. 

' ' Representatives shall receive a compensation for their shaii receive com- 
pensation, 
services, to be ascertained by law, and paid out of the 

treasury of the United States." — Ibid., 1, 6, p. 9. 

(See also compensation and mileage.) 

"The oath or affirmation required by the sixth article path to be admin- 
of the Constitution of the United States, to wit: l I, A B, * 
do solemnly swear or affirm (as the case may be) that I ivill 
J support the Constitution of the United States,' shall be ad- 
ministered at the first session of Congress after every 
general election of representatives, first by any one of 
the members to the Speaker, and by him to all the mem- 
bers present, and to the Clerk previous to entering on 
any business, and to the members who shall afterwards 



102 MEMBERS. 

appear previous to taking their seats." — Stat, at Large, 
vol. 1, p. 23. 
Members not to be ' i n representative shall, during; the time for which 

appointed to office. ± o 

he was elected, be appointed to any civil office under the 

authority of the United States which shall have been 

created, or the emoluments whereof shall have been in- 

Government ofh- creased during such time; and no person holding any office 

members. under the United States shall be a member of either 

house during his continuance in office." — Const., 1, 6, 9. 

No member to be "No representative shall be appointed an elector." — 

an elector. x L x 

Const., 2, 1, p. 15. 

Privileges. ' 4 The senators and representatives shall in all cases, 

except treason, felony, and breach of the peace, be privi- 
leged from arrest during their attendance at the session 
of their respective houses, and in going to and returning 
from the same; and for any speech or debate in either 
house, they shall not be questioned in any other place." — 
Const, 1, 6, p. 9. 
(See PRIVILEGE.) 

May be punished " Each house may determine the rules of its proceed- 

and expelled. 

ings, punish its members for disorderly behavior, and, 
with the concurrence of two-thirds, expel a member." — 
Const, 1, 5, p. 8. 

Bribery of. By the act of February 26, 1853, it is provided that if 

any person shall bribe or offer to bribe a member of Con- 
gress, or officer or person holding any place of trust or 
profit, or discharging any official function under the 
House of Representatives, he shall, on conviction thereof, 
be fined not exceeding three times the amount so offered 
or given, and imprisoned in a penitentiary not exceeding 

Accepting bribes, three years; and the person convicted of in any wise ac- 
cepting or receiving the same, or any part thereof, shall 
be subject to the same penalty; and if an officer, or person 
holding any such place of trust or profit as aforesaid, shall 
forfeit his office or place; and any person so convicted 
shall forever be disqualified to hold any office of honor, 
trust, or profit, under the United States. — Stat at Large, 
vol. 10, p. 171. 
(See BRIBERY.) 



MEMBERS. 103 

By the same act it is provided that if any member of Forbidden to act 

J ± m for claimants for 

Congress shall, for compensation paid or to be paid, act ^™ p JJ sa ^S n paid 
as agent or attorney for, or aid in the prosecution or 
support of any claim or claims against the United States, 
he shall, on conviction, pay a fine not exceeding five 
thousand dollars, or suffer imprisonment in the peniten- 
tiary not exceeding one year, or both, at the discretion 
of the court.— Ibid., p. 170. 

By the act of April 21, 1808, it is provided that no Not to be interested 

J * . in public contracts. 

member of Congress shall be interested in any public 
contract under a penalty of three thousand dollars fine; 
and if any officer of the United States, on behalf of the 
United States, shall make such a contract with a member 
of Congress, he shall be liable to the same penalty. — 
Stat, at Large, Vol. 2, p. 404. 

By the act of March 1, 1847, it is provided that mem- Franking privilege 
bers of Congress and delegates shall have the power to 
receive and send free of postage, from the commence- 
ment of their terms of office up to the first Monday of 
December following its expiration, all letters and packages 
not weighing over two ounces, and public documents. — 
Stat, at Large, Vol. 9, p. 148. "Public documents' 7 are 
defined by the act of March 3, 1847, to be "such publi- 
cations or books as have been or may be published, pro- 
cured, or purchased by order of either house of Con- 
gress." — Ibid., p. 201. The amount of postage charged 
by reason of excess of weight upon any letters, <fcc, re- 
ceived during the session, touching their official or legis- 
lative duties, shall be paid out of the contingent fund of 
the House. — Stat, at Large, Vol. 5, p. 734. 

"No member shall absent himself from the service ofshaii not absent 
the House, unless he have leave, or be sick, or unable to 
attend."— iMe 66. 

"A smaller number than a quorum may be authorized Less than a quo 

. rum may be au- 

to compel the attendance of absent members in such thorized to compel 

attendance of ab- 

manner and under such penalties as each house may pro- sent< 
vide. 1 ' — Const, 1, 5, p. 8. 

"Any fifteen members (including the Speaker, if there Attendance of,may 

1 \ i_ ti i i i i i r»^ e com pelled by 

be one) shall be authorized to compel the attendance of fifteen members, 
absent members." — Rule 65. (See calls of the house.) 



104 MESSAGES FEOM THE PKESIDENT. 

Deportment of, in "While the Speaker is putting any question, or ad- 
dressing the House, none shall walk out of or across the 
House; nor in such case, or when a member is speaking, 
shall entertain private discourse; nor while a member is 
speaking, shall pass between him and the chair. Every 
member shall remain uncovered during the session of the 

Serk's n d°esk° visit House. No member or other person shall visit or remain 
by the Clerk's table while the ayes and noes are calling, 
or ballots are counting." — Rule 39, 

Shan not vote "No member shall vote on any question in the event 

where interested, 

or not within bar. f w hich he is immediately and particularly interested, 
or in any case where he was not within the bar of the 
House when the question was put. And when any mem- 
ber shall ask leave to vote, the Speaker shall propound 
to him the question : ' Were you within the bar when 
your name was called?' " — Rule 40. And "upon a 
division and count of the House on any question, no 
member without the bar shall be counted." — Rule 41. 

(See BAR OF THE HOUSE.) 

shaii vote if in " Every member who shall be in the House when the 

cused.' question is put shall give his vote unless the House shall 

excuse him. All motions to excuse a member from 

voting shall be made before the House divides, or before 

the call of the yeas and nays is commenced, and the 

question shall then be taken without debate." — Rule 42. 

Names to be called " Upon calls of the House, or on taking the yeas and 

apia eticdiiy. na y S on ail y question, the names of the members shall be 

called alphabetically." — Rule 62. 
Need not serve on "Any member may excuse himself from serving on 

more than two . . pi- • 

committees. any committee at the time or his appointment it he is 
then a member of two other committees." — Rule 9. 

MESSAGES FROM THE PRESIDENT. 

shaii from lime to ' ' The President shall, from time to time, give to the 

time give informa- _ ° 

1 J.?1a ™?' e ,« m " Congress information of the state of the Union, and re- 

jiicnu measures, o 

commend to their consideration such measures as he shall 
judge necessary and expedient." — Const., 2, 3, p. 18. 
Annual message. The annual message of the President, with the accom- 
panying documents, is usually communicated to the House 
at the commencement of each session, but usually not 



MESSAGES FROM THE PRESIDENT. 105 

until after lie has been notified through a joint committee 
of the two houses that a quorum of each body has as- 
sembled, and is ready to receive any communication he 
may be pleased to make; although it was otherwise in the 
34th Congress, the message having been communicated 
on the 31st of December, not only before the appoint- 
ment of such committee, but before the election of the 
Speaker, which latter did not take place until the 2d of 
February.— See Journal, 1, 34, pp. 221 to 228, 231, 233, 
444, 511. 

All messages from the President are in writing, and how announced, 
are sent to the House by his private secretary or such 
other person as he may delegate, and, as in the case of 
messages from the Senate, are announced at the door by 
the doorkeeper and handed to the Speaker, who places 
them upon his table, to be taken up whenever the when taken up. 
House, under the 21th Rule, shall go to the business there- 
on. In the case of the annual message, however, it is 
usually taken up, by unanimous consent, as soon as re- 
ceived. Whenever taken up, messages from the President 
are always read in extenso, the House never, as in the Always read, 
case of other communications, dispensing with the read- 
ing of the same. Besides the regular number, the usual Number of extra 

copies of annual 

number ot extra copies ot the annual message and ac- messa g e « 
companying documents ordered to be printed is 20, 000. 
-" Where the subject of a message is of a nature that it to be sent to both 

• . houses on same 

can properly be communicated to both houses of ParKa- d a y> exce Pt i n cer - 
A J- J tain cases. 

ment, it is expected that this communication should be 
made to both on the same day. But where a message 
was accompanied with an original declaration, signed by 
the party to which the message referred, its being sent 
to one house was not noticed by the other, because the 
declaration, being original, could not possibly be sent to 
both houses at the same time." — Manual, p. 127. [So, 
too, in Congress, where they can be properly made, com- 
munications are expected to be made to both houses on 
the same day, except where the communication may be 
in response to a call from one branch only. The parlia- 
mentary practice prevails, too, in regard to the com- 
munication of an original paper. — See Journal, 1, 35, p. 
270.] 



106 MEMORIALS — MESSAGES FROM THE SENATE — MILEAGE. 

MEMORIALS. 

(See petitions.) 

MESSAGES FROM THE SENATE. 



Doorkeeper shaii ' ' When a message shall be sent from the Senate to the 

announce. 

House of Representatives, it shall be announced at the 
door of the House by the doorkeeper, and shall be re- 
spectfully communicated to the Chair by the person by 
whom it may be sent. 77 — Joint Rule 2. 

By whom to be " Messages shall be sent by such persons as a sense of 
propriety in each house may determine to be proper. 77 — 
Joint Rule 4. [In the House they are commonly sent by 
its Clerk; in the Senate by its Secretary.] 

L fi ™°, mm c, itte ? f "If the House be in committee when a messenger at- 

tneWhole, Speaker ° 

cetve. chair t0 re ~ t en ds, the Speaker takes the chair to receive the message, 
and then quits it to return into committee, without any 

Received prompt- question or interruption. 77 — Manual, p. 126. [It is the 
practice of the House to receive messages promptly upon 
the appearance of the messenger, and without regard to 
the business in hand; in case a member is occupying the 
floor in debate, he suspends his remarks until the an- 
nouncement is made and the message received, and a 
call of the yeas and nays is not unfrequently suspended 
for the same purpose, but when received it is placed 
upon the Speakers table, to be taken up at the time 
indicated in the 21th Eule, viz: after "messages and other 
Executive communications. 77 ] 

if error committed "If messengers commit an error in delivering their 

in message. 

message, they may be admitted or called in to correct 
their message. 77 — Manual, p. 126; Journal, 1, 2, pp. 171, 
172. 

MILEAGE. 

Eight dollars for By the act of January 22, 1818, it is provided that 

every 20 miles. , . 

each member and delegate shall be "allowed eight dol- 
lars for every twenty miles of the estimated distance by 
the most usual road from his place of residence to the 
seat of Congress, at the commencement and end of every 
session. 77 — Stat at Large, vol. 3, p. 404. The act of 



MILEAGE — MILITARY AFFAIRS — MILITIA, COMMITTEES ON. 107 

August 16, 1856, provides that such mileage shall be for 

"two sessions only/' to be paid at the commencement of For two sessions 

each " regular session. 7 ' — Stat, at Large, vol. 11, p. 48. 

"It shall be the duty of the Sergeant-at-Arms to keep Accounts for, to be 

J ° kept by Sergeant- 

the accounts for pay and mileage of members; to prepare at-Arms. 
checks, and, if required to do so, to draw the money on 
such checks for the members, (the same being previously 
signed by the Speaker, and endorsed by the member,) 
and pay over the same to the member entitled thereto." — 
Rule 70. 

By the ioint resolution of March 3, 1859, it is provided, constructive, not 

J J 7 7 j. 7 a |l,, wa ljl e m case 

in reference to members who may die after the com- ^ f a a d ™ ember wh0 
mencement of the Congress to which he shall have been 
elected, that "in no case shall constructive mileage be 
computed or paid." — Stat, at Large, vol. 11, pp. 442, 
443. 

MILEAGE, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed, 

x L and number of. 

session a Committee on Mileage, to consist of five mem- 
bers.— Rule 76. 

'It shall be the duty of the Committee on Mileage to shaii ascertain and 

J & report mileage of 

ascertain and report the distance to the Sergeant-at-Arms, each member, 
for which each member shall receive pay." — Rule 103. 

MILITARY AFFAIRS, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed, 

r r ' and number of. 

session a Committee on Military Affairs, to consist of nine 
members. — Rule 76. 

"It shall be the duty of the Committee on Military its duties. 
Affairs to take into consideration all subjects relating to 
the military establishment and public defence which may 
be referred to them by the House, and to report their 
opinion thereupon; and also to report, from time to time, 
such measures as may contribute to economy and account- 
ability in the said establishment." — Rule 91. 

MILITIA, COMMITTEE ON THE. 

There shall be appointed at the commencement of each when appointed 

~ . i "■«-•!• • • n and number of. 

session a Committee on the Militia, to consist of nine 
members. — Rule 76. 

"It shall be the duty of the Committee on the Militia its duties. 



108 MORNING HOUR — MOTIONS. 

to take into consideration and report on all subjects con- 
nected with the organizing, arming, and disciplining the 
militia of the United States." — Rule 92. 

MORNING HOUR. 

what is the The " morning hour," as it is called, is the hour after 

"morning hour." . 

the reading of the journal, which, under the 23d and 25th 
Rules, has been ' ' devoted to reports from committees and 
resolutions," and after the expiration of which it is in 
order, under the 27th Rule, to entertain a motion that 
the House do now proceed to dispose of the business on 
the Speaker's table, &c." And under the general prac- 
when it com-tice it is held that this hour begins to run from the 

mences to run. ° 

announcement by the Speaker that reports from com- 
mittees are in order. 

MOTIONS. 

For fullest information in regard to a particular mo- 
tion, see under its name, as adjourn, lie on the table, 
&c, &c. 
Question of con- < ' When any motion or proposition is made, the question 

sideration not to be J r r t. 

put in aii cases. 'Will the House now consider it?' shall not be put 
unless it is demanded by some member or is deemed 
necessary by the Speaker." — Rule 5. 

when made and "When a motion is made and seconded, it shall be 

seconded. 

stated by the Speaker, or, being in writing, it shall be 
handed to the Chair and read aloud by the Clerk before 
debated."— Ruh 43. 
Shan be reduced to " Every motion shall be reduced to writing, if the 

writing if required. _. . _ _ . . , _, .,. .. 

Speaker or any member desire it. Lvery loritten motion 
made to the House shall be inserted on the journals, 
with the name of the member making it, unless it be 
withdrawn on the same day on which it was submit- 
ted."— Rule 44. 
May be withdrawn " After a motion is stated by the Speaker or read by 
amendment? the Clerk it shall be deemed to be in the possession of 
the House, but may be withdrawn at any time before a 
decision or amendment." — Rule 45. 
precedence of "When a question is under debate no motion shall be 

various motions. L 

received but to adjourn, to lie on the table, for the pre- 



MOTIONS — NAVAL AFFAIRS, COMMITTEE ON. 109 

vious question, to postpone to a day certain, to commit 
or amend, to postpone indefinitely; which several motions 
shall have precedence in the order in which they are 
arranged." — Bide 46. 

"No motion to postpone to a day certain, to commit or such as are not to 

* ■*• ^ be repeated at same 

to postpone indefinitely, being decided, shall be again sta s e ' &c - 
allowed on the same day and at the same stage of the 
bill or proposition. 7 ' — Bide 46. 

"Motions and reports may be committed at the pleasure May be commuted. 
of the House. 77 — Bule 54. 

"When a resolution shall be offered or a motion made to con-mit, order 

-../v. • in which question 

to refer any subject, and different committees shall be to be taken, 
proposed, the question shall be taken in the following 
order : 

"The Committee of the Whole House on the state of 
the Union, the Committee of the Whole House, a stand- 
ing committee, a select committee. 77 — Bide 47. 

"A motion to adjourn, and a motion to fix the day to Always in oraer 
which the House shall adjourn, shall be always in order. 
These motions and the motion to lie on the table shall be 
decided without debate. 77 — Bide 48. 

"The hour at which every motion to adjourn is made Hour of, to ad- 
shall be entered on the journal. 77 — Bute 49. 

"A motion to strike out and insert shall be deemed to strike out and 

t • •! • m insert. 

indivisible; but a motion to strike out being lost, shall 
preclude neither amendment nor a motion to strike out 
and insert. 77 — Bule 53. 

"A motion to strike out the enacting words of a bill to strike out enact- 

• ing words. 

shall have precedence of a motion to amend; and, if 
carried, shall be considered equivalent to its rejection. 77 — 
Bule 119. 

' ' All amendments made to an original motion in com- original, 
mittee shall be incorporated with the motion, and so 
reported. 77 — Bule 128. 

NAVAL AFFAIRS, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed 

. .*-,. , rv, . n and number of. 

session a Committee on Naval Affairs, to consist ol nine 
members. — Bule 76. 



in com- 
mittee. 



110 NEWSPAPERS — NOMINATIONS. 

its duties. . "It shall be the duty of the Committee on Naval 

Affairs to take into consideration all matters which con- 
cern the naval establishment, and which shall be referred 
to them by the Honse, and to report their opinion there- 
upon; and also to report from time to time such measures 
as may contribute to economy and accountability in the 
said establishment." — Bule 93. 

NEWSPAPERS. 

Furnished to mem- [There is no standing order in regard to newspapers, 
but it is the practice of the House at the commencement 
of each Congress to adopt a resolution providing " that, 
during the present Congress, the Clerk of the House 
is authorized to furnish each representative and dele- 
gate with the same amount of newspapers authorized by 
the last House." The "amount" thus provided for is 
"not to exceed the cost per annum of five daily papers." 
(See Journal, 1, 33, p. 53.) And an appropriation sufficient 
to cover this expense is annually made by Congress.] 

Reporters for, ad- " Stenographers and reporters, other than the official 

mitted to gallery on ° r *■ 

certain conditions, reporters of the House, wishing to take down the debates, 
may be admitted by the Speaker to the reporters' gallery 
over the Speaker's chair, but not on the floor of the 
House; but no person shall be allowed the privilege of 
said gallery under the character of stenographer or re- 
porter without a written permission of the Speaker, 
specifying the part of said gallery assigned to him; nor 
shall said stenographer or reporter be admitted to said 
gallery unless he shall state in writing for what paper or 
papers he is employed to report; nor shall he be so ad- 
mitted, or, if admitted, be suffered to retain his seat, if 
he shall be or become an agent to prosecute any claim 
pending before Congress, and the Speaker shall give his 
written permission with this condition." — Bule 18. 

NOMINATIONS. 



Where necessary. 



" In all cases where other than members of the House 
may be eligible to an office by the election of the House 
there shall be a previous nomination." — Bide 13. 



NOTICES — OBJECTION DAYS — OFFICERS OF THE HOUSE — ORDER. Ill 



NOTICES. 

In the case of a bill introduced by motion for leave, " at of Mils, 
least one day' s notice snail be given of the motion in the 
House, or by filing a memorandum thereof with the Clerk, 
and having it entered on the journal; and the motion shall 
be made and the bill introduced, if leave is given, when 
resolutions are called for; such motion, or the bill when 
introduced, may be committed." — Rule 114. 

(See also bills page 16 ante.) 

11 No standing rule or order of the House shall be of amendment of 
rescinded or changed without one day's notice being 
given of the motion therefor." — Rule 136. [There is no 
authority given, as in the case of notices of bills, to file 
this notice with the Clerk. Consequently it can only 
be given in open house, and only at such time as any 
other independent motion can be made. — Journal, 2, 25, 
p. 536.] 

OBJECTION DAYS. 

"On the first and fourth Friday of each month thewimare. 
calendar of private bills shall be called over, (the chair- 
man of the Committee of the Whole House commencing 
the call where he left off the previous day,) and the bills 
to the passage of which no objection shall then be made 
shall be first considered and disposed of." — Rule 30. — 
[Sometimes the House, under a suspension of the rules, 
directs that other days than the above be treated as ob- 
jection days.] 

OFFICERS OF THE HOUSE. 

(See ELECTIONS BY THE HOUSE. Also, SPEAKER, CLERK, 
SERGEANT-AT-ARMS, DOORKEEPER, POSTMASTER, PRINTER, 
PUBLIC.) 

ORDER. 



"The Speaker shall preserve order and decorum; may speaker snaii P re- 
speak to points of order in preference to other members, 
rising from his seat for that purpose; and shall decide 



112 OEDER. 

tiESof ° n ques " ( l ues ^^ ons °f order, subject to an appeal to the House by 
any two members; on which appeal no member shall 
speak more than once, unless by leave of the House." — 
Rule 2. [The " questions of order" here mentioned re- 
late to motions or propositions, their applicability or rele- 
vancy, &c] 

where member "If any member, in speaking or otherwise, transgress 

called to, for trans- • - * ' ° ° 

gressing rules in.the rules of the House, the Speaker shall, or any member 

debate, or lor inde- . 

corum. may, call to order, in which case the member so called to 

order shall immediately sit down, unless permitted to ex- 
plain, and the House shall, if appealed to, decide on the 
case, but without debate. If there be no appeal, the 
decision of the Chair shall be submitted to. If the de- 
cision be in favor of the member called to order, he shall 
be at liberty to proceed; if otherwise, lie shall not be per- 
mitted to proceed, in case any member object, ivithout leave of 
the House; and, if the case require it, he shall be liable 
to the censure of the House." — Rule 35. 

words to be taken « jf a member be called to order for words spoken in 

down, and must ■>■ 

before X other d bus^ debate, the person calling him to order shall repeat the 
words excepted to, and they shall be taken down in 
writing at the Clerk's table; and no member shall be 
held to answer, or be subject to the censure of the House 
for words spoken in debate, if any other member has 
spoken, or other business has intervened, after the words 
spoken, and before exception to them shall have been 
taken."— Rule 36. 

committee cannot "A committee cannot punish a breach of order in the 

punish breach of. x 

House. It can only rise and report it to the House, who 

may proceed to punish." — Manual, p. 90; Journal, 1, 28. 

p. 846. 
spTa n k 8 er a to dl Sd2 " If an ^ difficulty arises in point of order during the 
Jemptoriiy. 01 ' pe ~ division, the Speaker is to decide peremptorily, subject 

to the future censure of the House if irregular." — Manual, 

p. 118. 
speaker may caii "If repeated calls do not produce order, the Speaker 

member by name. n x 

may call by his name any member obstinately persisting 
in irregularity." — Manual, p. IS. 

Order of business. (See BUSINESS, DAILY ORDER OF.) 
Question of order. (See APPEAL.) 



PAPERS — PARLIAMENTARY PRACTICE — PATENTS, COMMITTEE ON. 113 

The Speaker shall proceed to call the orders of the day orders of the day, 

1 J- * when to be con- 

as soon as the messages, communications, and bills on his si<lered - 
table have been disposed of. — Rule 27. 

" The unfinished business in which the House was en- Preferred business 

in the orders of the 

gaged at the last preceding adjournment shall have the day. 
preference in the orders of the day; and no motion on 
any other business shall be received without special leave 
of the House until the former is disposed of." — Rule 58. 

(See SPECIAL ORDERS.) Special orders. 

PAPERS. 

" In all cases of conference asked after a vote of disa- with whom to be 

left in case of con- 

greement, &c, the conferees of the house asking it are ference - 
to leave the papers with the conferees of the other." — 
Manual, jp. 125. 

PARLIAMENTARY PRACTICE. 

" The rules of parliamentary practice comprised in Jef- Jefferson's Manual 

to govern where 

ferson's Manual shall govern the House in all cases to applicable and not 

o inconsistent with 

which they are applicable, and in which they are not in- rules - 
consistent with the standing rules and orders of the House 
and joint rules of the Senate and House of Representa- 
tives."— Rule 139. 



PATENTS, COMMITTEE ON. 

There shall be appointed, at the commencement of each when appointed, 

n r* J-. . _. . and number of. 

session of Congress, a Committee on Patents, to consist 
of five members. — Rule 76. 

" It shall be the duty of the Committee on Patents to its duties, 
consider all subjects relating to patents which may be 
referred to them, and report their opinion thereon, to- 
gether with such propositions relative thereto as may 
seem to them expedient." — Rule 99. 

PAY OF MEMBERS. 



(See COMPENSATION.) 
8 



114 PERSONALITY — PETITIONS. 



PERSONALITY. 

shall be avoided. Every member "shall confine himself to the question 
under debate, and avoid personality." — Rule 31. 
(See also debate and order.) 

PETITIONS. 

How presented. "Members having petitions and memorials to present 

may hand them to the Clerk, endorsing the same with 
their names, and the reference or disposition to be made 
thereof; and such petitions and memorials shall be entered 
on the journal, subject to the control and direction of the 
Speaker; and if any petition or memorial be so handed 
in which, in the judgment of the Speaker, is excluded 
by the rules, the same shall be returned to the member 
from whom it was received." — Rule 24. 

only regular mode [There is now no other mode of presenting petitions 

of presenting. 

prescribed by the rules, the old rule for presentation in 
the House having been rescinded December 12, 1853; 
and when a member desires to have a petition printed, 

how ordered to be it can only be done by unanimous consent, by a suspen- 
sion of the rules, or by submitting a resolution to that 
effect when resolutions are in order. 

Memorial?, &c, Memorials and resolutions from State legislatures can 

from State legisla- ^ 

tures. on jy ]3 e presented in order in the manner above prescribed 

for "petitions and memorials;' 7 but when it is desired to 
have them printed, unanimous consent therefor is usually 
accorded. 

withdrawal of old It is the practice under this rule to allow members to 

papers for refer- x 

ence to a commit- withdraw from the files of the House petitions and other 
papers presented at former sessions, and refer them as in 
the case of new petitions; and in order to have it done, 
it is only necessary for the member to notify the Clerk of 
his desire by written memorandum. 

withdrawal for ref- Where a member desires to withdraw papers from the 

erence to Senate 

or a department. gi eg f or the p Ur pose of reference in the Senate, or to one 

of the executive departments, it is usual for +he House to 

withdrawal to re- give its unanimous consent whenever asked. But where 

r * the withdrawal is desired for the purpose of returning to 



PLURALITY. 115 

the petitioner, the consent of the House is rarely given, 
unless it is provided that copies be left on file. And in withdrawals gene- 
all cases of withdrawal, except for reference to one of 
its committees, the consent of the House must first be 
had. 

Where a member desires the fact of the presentation of where member de- 

x sires that presen- 

a petition by him under the 24th rule to appear in the n a e w S n P ape a r L pear in 
newspapers of the day, he should furnish the reporters 
of such newspapers with a memorandum of the same; 
otherwise, as the proceeding does not occur in open house, 
no note will be taken of it. 

Petitions, &c, thus presented are, as required by the Petition part of 

. . . . journal not read in 

rule, entered on the journal, but that portion of the jour- House « 
nal is never read in the House.] 

"The name of the member who presents a petition or Name of member 

1 x presenting entered 

memorial shall be inserted on the journal. — Rule 60. on journal. 



PLURALITY. 

"All committees shall be appointed by the Speaker shaii prevail on 

second ballot for 

unless otherwise specially directed by the House, in which members of a com- 

r J J ' mittee. 

case they shall be appointed by ballot; and if upon such 
ballot the number required shall not be elected by a 
majority of the votes given, the House shall proceed to a 
second ballot, in which a plurality of votes shall prevail, 7 
&c. — Rule 7. 

[This is the only case, under the rules, where a plurality 
of votes may prevail; and as the appointment of commit- 
tees by the Speaker is almost universally conceded, it can 
very rarely occur. There have been two occasions, how- Election of speaker 
ever, within a few years past, where, prior to the adoption 
of the rules, the election of Speaker has been effected by 
a plurality vote. But in both instances a resolution pro- 
viding for such election by a plurality was first adopted 
by a majority of votes, and afterwards it was declared by a 
majority vote that the person who received such plurality 
was duly elected.— Journals, 1, 31, pp. 156, 163; 1, 34, pp. 
429, 430, 444. 



116 POSTMASTER. 



POSTMASTER. 

to be appointed by "The Postmaster, to superintend the post office kept 

the House. . . 

in the Capitol for the accommodation of the members, 
shall be appointed by the House." — Rule 75. 
Furnishes station- By resolutions of the House of March 4 and 5, 1842, it 

ery to members. J 

is provided that the Postmaster of the House be author- 
ized and required to deliver to each membei of the House 
the usual articles of stationery, to an amount not exceed- 
ing in value, at the cost price in the stationery room, the 
Amount to be fur- sum of $45 for the long and $25 for the short session of 

nished. 

Congress, (this sum fixed by House resolution of Septem- 
ber 24,1850— Journal, 1, 31, p. 1510;) that he keep a true 
and accurate account of all stationery which he may so 
where excess of deliver to the several members of the House; and if, in 

stationery furnish- 
ed- any case, a member shall require and receive a greater 



amount of stationery, during either session, than is above 
provided, the Postmaster shall, before the close of such 
session, furnish to the Sergeant-at-Arms an account of 
such excess beyond the amounts respectively above speci- 
fied, who is hereby required to deduct the amount of such 
excess from the pay and mileage of such members, and 
refund the same into the treasury: Provided, That this 
limitation is not intended to be made applicable to the 
use of envelope paper which maybe required in the folding 

aoSenrtt? corimfr room. And the Postmaster is further authorized to deliver, 
for the use of the several committees of the House, such 
stationery as may be required for that purpose by the 
respective chairmen of such committees, keeping a true 
and accurate account of the quantity and cost of all so 
delivered. The Postmaster shall not be at liberty to 
furnish stationery for the use of any committee, except to 
the acting chairman thereof, or to his order, nor to any 
one except to the members of the House and its officers. 

sSner?to? liver -^ nd tne Clerk is required to deliver to the Postmaster 
such kind and quantities of stationery as from time to 
time may be necessary for the use of the House. — Journal, 
2, 27, p. 495. 

other duties of. [The Postmaster, with the aid of his assistants, messen- 



117 

gers, &c, delivers promptly, upon the arrival of the mails, 
all mail matter received for members either at his office 
or at their lodgings; also delivers at the city post office 
all mail matter deposited in his office by members; he 
also delivers at their lodgings all books ordered from the 
library by members, &c, &c. 

The Postmaster also prepares, at the commencement of Prepares congres- 

L x sional Directory. 

each session, one or more editions of the Congressional 
Directory.] 

POST OFFICE AND POST ROADS, COMMITTEE ON THE. 

There shall be appointed, at the commencement of each when appointed, 

. # x x and number of. 

session, a Committee on the Post Office and Post Koads, 
to consist of nine members. — Ride 76. 

"It shall be the duty of the Committee on the Post its duties. 
Office and Post Roads to take into consideration all such 
petitions and matters or things touching the post office 
and post roads as shall be presented, or shall come in 
question, and be referred to them by the House; and to 
report their opinion thereon, together with such proposi- 
tions relative thereto as to them shall seem expedient." — 
Rule 85. 

POSTPONE, MOTION TO. 

"When a question is under debate, no motion shall be order in which 

question on, to be 

received but — put. 

to adjourn, 

to lie on the table, 

for the previous question, 

to postpone to a day certain, 

to commit or amend, 

to postpone indefinitely; 
which several motions shall have precedence in the order 
in which they are arranged; and no motion to postpone Not to be reputed 

, -i , . , . , on same day and 

to a day certain, to commit, or to postpone indefinitely, at same stage. 
being decided, shall be again allowed on the same day, 
and at the same stage of the bill or proposition." — 
Rule 46. 

"When a question is postponed indefinitely, the same when postponed 

-i-i-ij.1 ,, .,. , .,, indefinitely, not to 

siiail not be acted upon again during the sesion. " — Rule 52. be taken upduring 

° session. 



118 PREAMBLE. 

of order of busi- "The order of business, as established by the rules, 

ness requires two- J 

thirds vote. shall not be postponed or changed, except by a vote of at 

least two-thirds of the members present." — Rule 136. 
very limited de- [The motion to postpone, under the practice, admits of 
cut off by previous but a very limited debate. And whenever the previous 

question. 1 

question is ordered, the motion to postpone is cut off. 
subject postponed When the consideration of a subject is postponed to a 

to be taken up 

when day arrives, particular day, upon the arrival of that day it is entitled 
to be taken up, provided no question of privilege or 

if not taken up. other question of higher dignity be taken up. But if not 
taken up on that day, and there be no motion to commit 
pending, it derives no advantage from the postpone- 
ment. ] 



PREAMBLE. 



postponed until "When a bill is taken up in committee, or on its 

other parts of bill L 

aregone through. se cond reading, they postpone the preamble till the other 
parts of the bill are gone through. The reason is, that 
on consideration of the body of the bill, such alterations 
may therein be made as may also occasion the alteration 
of the preamble. " — Manual, p. 86. 

in committee of By Rule 127, in the consideration of bills committed to 

the Whole lust 

considered.' a Committee of the Whole House, the preamble is left to 

be last considered. 
At what particular [In the case of a resolution with a preamble, there is 

staa;e of bill to be . . • " . 

no dimculty as to the time at which the preamble is to be 



considered. 



considered, nor in any case in Committee of the Whole; 
but in the House, in the case of a bill with a preamble, 
there is some uncertainty as to the particular stage in 
which the bill must be when it is proper to consider the 
preamble. It would seem that it might appropriately be 
done after the till has been ordered to be engrossed and read 
a third time, and before the third reading takes place. By 
this course the bill can be engrossed either with or with- 
out the preamble as the House shall have determined.] 
subject to a sepa- The preamble is not covered by the previous question 
vious question, ordered upon the passage of the resolution, but is itself 
subject to a separate demand of the previous question. — 
Journal, 1, 34, p., 1217. 



PRESIDENT. 119 



PRESIDENT. 

"He shall from time to time give to the Congress in- shaiigiveinforma- 

_ ° tion to Congress. 

formation of the state of the Union, and recommend to 
their consideration such measures as he shall judge neces- 
sary and expedient; he may, on extraordinary occasions, 
convene both houses, or either of them, and, in case of May convene con- 
disagreement between them with respect to the time of 
adjournment, he may adjourn them to such time as he May adjourn con- 

gressin case of dis- 

shall think proper." — Const., 2, 2, 18. agreement. 

"Every bill which shall have passed the House of Rep- buis after passage 

. to be presented to. 

resentatives and the Senate shall, before it become a law, 

be presented to the President of the United States; if hems powers over 

... . the m- 

approve, he shall sign it; but if not, he shall return it, 

with his objections, to that house in which it shall have 

originated. * * * * If any bill shall not be returned 

by the President within ten days (Sundays excepted) after Must be returned 

it shall have been presented to him, the same shall be a 

law, in like manner as if he had signed it, unless the 

Congress, by their adjournment, prevent its return, in 

which case it shall not be a law." — Const., 1, 7, 10. 

There is a similar provision in regard to ' ' every order, Joint orders, reso- 

resolution, or vote to which the concurrence of the Senate 

and House of Representatives may be necessary, (except 

on a question of adjournment.") — Ibid., p. 10, 11. 

Where the President is prevented by adjournment from where prevented 

returning a bill, with his objections, it is usual for him at from returning a 

,, . . . ., , , bill with his objec- 

tne next session to communicate to the house where lttions. 
originated his reasons for not approving it. — Journals, 2, 
12, p. 514; 1, 30, p. 82; 2, 35, p. 151. 

(See veto.) 

By Joint Bide 6 it is provided, that before a bill which buis to be enrolled 

before presented to. 

shall have originated in the House is presented to the 
President "it shall be duly enrolled on parchment by the 
Clerk of the House of Representatives." 

Having been examined and signed by the Speaker and 
presiding officer of the Senate, the bill shall be presented 
by the Joint Committee on Enrolled Bills to the President committee present 
for his approbation, and shall be entered on the journal of 



120 PRESIDENT. 

Time of presenta- each house. The said committee shall report the day of 

tion to, to be re- x J 

ported, &c. presentation to the President; which time shall also be 

carefully entered on the journal of each house. — Joint 
Rule 9. 

Sited to on *iatt ' ' ^° ^ or reso ^ ut i° n that shall have passed the House 

day of session. f Representatives and the Senate shall be presented to 
the President of the United States for his approbation 
on the last day of the session. 7 ' — Joint Rule 17. [This 
joint rule is necessarily suspended near the close of every 
session.] 

joint address to. l ' When the Senate and House of Representatives shall 
judge it proper to make a joint address to the President, 
it shall be presented to him in his audience chamber by 
the President of the Senate, in the presence of the Speaker 
and both houses. 77 — Joint Rule 11. 

cans for intorma- "A proposition requesting information from the Presi- 

tiun from. 

dent of the United States (even where reported trom a 
committee — Journal, 1, 31, p. 723) shall lie on the table 
one day for consideration, unless otherwise ordered by 
the unanimous consent of the House; and all such propo- 
sitions shall be taken up for consideration in the order 
they were presented immediately after reports are called 
to be delivered by for from select committees, and when adopted, the Clerk 

the Clerk. t> i ni 

shall cause the same to be delivered. 77 — Rule 61. 
Form of caii on. [The form of a resolution contemplated by this rule, as 
sanctioned by long usage, is: "Resolved, That the Presi- 
dent of the United States be requested to inform (or 
communicate to) this House, if not incompatible with the 
public interest, 77 &c] 

(See MESSAGES FKOM THE PRESIDENT.) 

opening and Art. 12, amend'ts to Const., requires that the certificates 

counting of votes ' x 

for - of electoral votes in the respective States for President 

and Vice President shall be opened by the President of 
the Senate in the presence of the Senate and House of 
Representatives, and the votes shall then be counted. 
And by the act of March 1, 1792 — Stat, at Large, vol. I, 

To be opened and p. 239 — Congress is required to be in session on the second 

counted on second 

Wednesday in Feb- Wednesday m February succeeding the meeting of the 
electors, and said certificates shall then be opened and 
the votes counted. 



PRESIDENT. 121 

[It is usual, at some early period in the session at which 

the votes are to be counted, for the two houses to appoint 

a joint committee to ascertain and report a mode of exam- Mode of examin- 
ing votes, &c. 

ining the votes, &c. — Journal, 3, 34, p. 338. The mode 
adopted is, "that the two houses shall assemble in the 
chamber of the House of Representatives on the second 
Wednesday in February, at 12 o'clock m.,and the President 
of the Senate shall be the presiding officer; that one per- 
son be appointed a teller on the part of the Senate and 
two on the part of the House of Representatives to make 
a list of the votes as they shall be declared; that the 
result shall be delivered to the President of the Senate, 
who shall announce the state of the vote and the persons 
elected to the two houses assembled; which shall be 
deemed a declaration of the persons elected President 
and Vice President of the United States, and, together 
with a list of the votes, be entered on the journals of 
the two houses." — Ibid., p. 364. At the hour above indi- 
cated, the House informs the Senate of its readiness to 
receive them — Ibid., p. 398; and the Senate thereupon 
attend in the hall of the House. — Ibid., pp. 398 to 400. 
After the declaration of the persons elected President 
and Yice President, a joint committee, consisting of two committee a P - 

. pointed to notify, 

members of the House and one senator, are appointed to of election, 
wait on the persons elected and inform them thereof. — 
Ibid., p. 4:04.] 

It is further provided by the 12th article of amend 7 ts to 
Const., that if no person have a majority of the electoral 
votes for President, "then, from the persons having the 
highest numbers, not exceeding three, on the list of those 
voted for as President, the House of Representatives when choice of, 
shall choose immediately, by ballot, the President. But the House, 
in choosing the President, the votes shall be taken by votes, how taken. 
States, the representation from each State having one 
vote; a quorum for this purpose shall consist of a mem- Quorum, 
ber or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. 
And if the House of Representatives shall not choose a if House does not 

choose before the 

President, whenever the right of choice shall devolve 4th of March, 
upon them, before the fourth day of March next follow- 



122 PREVIOUS QUESTION. 

ing, then the Vice President shall act as President, as in 
the case of the death or other constitutional disability of 
the President." 
& U th S e°eie h c e ti?n U of P- n anticipation of the choice of President devolving 
upon it, the House of Representatives of the 1st session, 
18th Congress, adopted a set of rules for its government 
in said election. — Journal, 1, 18, pp. 212 to 215. For the 
• subsequent proceedings of the House in conducting said 
election, see same Journal, pp. 220, 221, 222.] 

PREVIOUS QUESTION. 

SSioWfor tfbe ' ' ^ nen a question is under debate, no motion shall be 
put " received but — 

to adjourn, 
to lie on the table, 
for the previous question, 
to postpone to a day certain, 
to commit or amend, 
to postpone indefinitely; 
which several motions shall have precedence in the order 
in which they are arranged. 7J — Rule 46. 
Form of. " The previous question shall be in this form : ' Shall the 

main question be now put?' It shall only be admitted 
Must be seconded when demanded by a majority of the members present: and 

by a majority. . J J J r 7 

its effects. its effects shall be to put an end to all debate, (except that 

the member reporting the measure may close the debate — 
Journal, 1, 31, p. 1056,) and bring the House to a direct vote 
upon a motion to commit, if such motion shall have been 
made; and if this motion does not prevail, then upon 
amendments reported by a committee, if any, then upon 
pending amendments, and then upon the main question. 
On a motion for the previous question, and prior to the 

can of House not seconding of the same, a call of the House shall be in 

in order after sec- 
ond of. order; but after a majority shall have seconded such mo- 
tion, no call shall be in order prior to a decision of the 
main question." — Rule 50. Nor is it in order after a 
second, even in case a quorum may not be present, to send 
after the absentees. — Journal, 1, 34, p. 744. 
^ninddentau'uM- " 0n a previous question there shall be no debate, 
tions of order. ^j\ incidental questions of order arising after a motion is 



PREVIOUS QUESTION. 123 

made for the previous question, and pending such motion, 
shall be decided, whether on appeal or otherwise, with- 
out debate." — Rule 51. 

It is in order pending the demand for the previous Reconsideration of 

. a preceding vote 

question on the passage 01 a bill to move a reconsidera- may be moved 

\ . pending demand 

tion of the vote on its engrossment. — Journal, 2, 27, p. for - 
1175. [But such motion is not debatable under the 
practice which has prevailed for many years.] 

The yeas and nays cannot be taken on seconding the no yeas and nays 

on seconding. 

demand for the previous question. — Journal, 2, 19, p. 493. 

The effect of a negative vote on the question ' ' Shall Effect of negative 

. . vote on ordering 

the mam question be now put? is to postpone the con- main question, 
sideration of the subject until the next sitting of the 
House— Journals, 1, 20, p. 709; 1, 21, pp. 468, 722— when 
the same question recurs. — Journal, 3, 27, pp. 10, 13, 30. 
See also Manual, p. 102. 

A member is not debarred from moving the previous Member who has 

already spoken 

question because he has spoken once. — Journal, 1, 24, may move. 
p. 1401. 

Where a vote which was taken under the operation of where vote taken 

■*■ under operation of, 

the previous question is reconsidered, the previous ques- is reconsidered. 

tion no longer operates. — Journals, 1, 27, p. 130; 1, 33, 

p. 127. 

"It is not in order to move a reconsideration of the Not m order to re- 
consider when 
vote on ordering the main question when it is partly P artI y executed. 

-executed." — Journal, 1, 31, pp. 1101, 1398. 

The previous question may be moved on a resolution May be moved on 

. • * a resolution on 

submitted under a call of the States, and thus prevent resolution day. 
the debate which, under the rules, requires it to lie over. — 
Journals, 1, 26, p. 1067; 1, 21, p. 429; 1, 30, p. 326. 

The previous question is exhausted by an affirmative is exhausted by an 

affirmative vote on 

vote on a motion to refer, and upon a reconsideration of reference. 

said vote the question stands divested of the previous 

question. — Journal, 3, 34, p. 452. 

After the previous question is ordered, it is not in order Motion to recom- 
mit not in order 

to entertain a motion to recommit. — Journal, 1, 29, p. 643. after > ordered. 
A motion for the previous question cannot be laid on Motion for, cannot 

> i , t i t- ~ ~ De lam on table. 

the table.— Journal, 2, 29, p. 252. 



instructions. 



The previous question has not the effect of cutting off Does not cut off 
instructions previously moved in connexion with a motion 
to commit, — Journal, 1, 31, p. 1394. 



124 PREVIOUS QUESTION — PRINTER, PUBLIC. 

Effect of, on ques- [Under the practice of the House, if a question of order 

tion of order, mo- 
tion to reconsider, or a motion to reconsider is pending when the previous 

question is moved, when ordered it applies only to them, 

and is exhausted with the vote upon them; but with a 

motion to postpone it is different, the effect of an order 

of the previous question being to cut it off.] 

where House ad- If the House adjourns after having ordered, but before 

journs after order _ ° ° 

ing- .putting the main question, the subject comes up the next 

morning, when the putting of the main question takes 
precedence over all other business. — Journal, 2, 28, p. 
310. 

No modification af- After the previous question has been seconded, it is 

ter second of. *■ x 

not competent for the mover to modify his proposition. — 

Journal, 1, 31, p. 1397. [Nor, according to the practice, 
Nor withdrawal, can he withdraw it after a second;] but he may withdraw 

it while the House is dividing on the question of a 

second. — Journal, 2. 29, p. 241. 
May be moved at It is competent for a member to submit a resolution 

same time with a . . . 

resolution. and at the same time move the previous question thereon. 



■Journal, 1, 28, p. 558. 
The previous que 
rually with any otl 
576; 1, 28, p. 882. 



Applies to ques- The previous question applies to a question of privilege 

tions of privilege. . ^ n 

equally with any other question. — Journals, 2, 27, pp. 573, 



PUBLIC. 



To be elected by "There shall be elected a public printer for each 
house of Congress, to do the public printing for the Con- 
gress for which he or they may be chosen, and such 
printing for the executive departments and bureaus of 
the government of the United States as may be delivered 
to him or them to be printed by the Superintendent of 
Public Printing." — Stat, at Large, vol. X, p. 32. His 
rates of compensation are fixed by the same act. — (pp. 
33, 34.J 
within what time He is required by the same act "to execute each job 
printing i: e ^ p rmt i n g intrusted to him within thirty days from the 
date of its delivery by the Superintendent, except bills, 
reports, and joint resolutions, which shall be returned as 
the Clerk of the House or Secretary of the Senate shall 
require, unless, for good reasons shown, the Superin- 
tendent of Printing shall extend the time.' 7 — (Ibid., p. 32.) 



PRINTING. 125 

By the act of March 3, 1859, it is provided that where where printing is 

, ,, -. 1 . n ordered by both 

both nouses order the printing of the same document, houses. 

it shall be done by the printer of the house which first 

orders the same; and the payment for composition shall Price of composi- 

. tion in such case. 

be the same as though the printing had been ordered by 
but one house. And it is also "provided that the office 
of printer either to the Senate or House of Representa- 
tives shall not be transferrable either directly or indirectly, Transfer or sale of 
and any attempt to sell or transfer either of said offices, 
or any sale or transfer of the same, shall operate as a 
vacation and abandonment of the said offices, or either of 
them. " — Stat, at Large, vol. XI, p. 422. 

PRINTING. 

By the act of August 26, 1852, the Clerk of the House ah matter ordered 
is directed to deliver to the Superintendent of the Public superintendent. 
Printing all matter ordered by the House to be printed, 
and the public printer is required to execute the same 
within thirty days after its delivery by the Superinten- when to be exe- 
dent, except bills, reports, and joint resolutions, which 
shall be returned as the Clerk shall require, unless the 
Superintendent, for good reason shown, shall extend the 
time. — Stat, at Large, vol. X, p. 31, 32. Where extra 
copies of documents of the size of 250 pages and upwards Wnat extra docu- 

x a o x ments to be bound. 

are ordered to be printed, they shall be bound as directed 
by the Committee on Printing on the part of the House, 
at a cost not to exceed 12 J cents per volume. — Ibid., p. 
190. By the act of March 3, 1859, it is directed that 
where both houses order the same document to be printed, where both houses 

• r> i in it it or der same docu- 

the entire printing of the same shall be done by the^ent. 
printer of the house which first ordered the same; and 
the house so first ordering the same shall immediately 
notify the other house of such order. In no case shall 
more than 1,550 copies of any document be printed, un- Not more than 1550 
less extra copies be ordered; and the said regular num- ed. 
ber (1,550) shall be distributed by the officers of the How distributed, 
house first ordering the printing of the same, to the same 
persons and in the same manner as such numbers hereto- 
fore ordered by both houses have been distributed. — Stat 
at Large, vol. XI, p. 422. 



126 PRINTING, JOINT COMMITTEE ON. 

Motions to print "All motions to print extra copies of any bill, report, or 

extra copies. x A J r ' 

other document shall be referred to the members of the 
Committee on Printing from the house in which the same 
may be made." — Stat, at Large, vol. X, p. 34. And by 
Rule 61 it is required that all such motions, except in the 
case of messages of the President to both houses at the 
commencement of each session of Congress, and the reports 
and documents connected with or referred to in it, shall lie 
on the table one day for consideration, unless otherwise 
ordered by the unanimous consent of the House. [Since 
the passage of the foregoing law, whenever a motion to 
print extra copies is made it is immediately, by force of 
the law, referred to the Committee on Printing; and 
whenever report is made thereon it is considered by the 
House. And this is, certainly, no violation of the spirit 
of the rule, it evidently only contemplating one day's 
notice of the motion before consideration by the House.] 
Bins passed in one "When bills which have passed one house are ordered 

house and ordered L 

o < the e r. printedinlhe ^° De printed in the other, a greater number of copies 
shall not be printed than may be necessary for the use of 
the house making the order." — Joint Rule 18. 

when House bills [The usual stage at which House bills are ordered to 

usually printed. 

be printed is upon their report from a committee and 
their commitment to the Committee of the Whole.] 

PRINTING, JOINT COMMITTEE ON. 

to be appointed. "A committee consisting of three members of the 
Senate and three members of the House of Representa- 
tives shall be appointed by the President of the Senate 
and Speaker of the House, to be called the Joint Com- 
mittee on the Public Printing; which committee shall 

Power and duties have a right to decide between the Superintendent of 
the Public Printing and the public printer in any dispute 
which may arise as to the propriety of the decisions of 
the Superintendent making deductions on account of work 
which the Superintendent may refuse to receive, or which, 
in his opinion, may not be done with proper despatch, as 
required by law; and the said committee shall pass upon 
the accounts of the Superintendent of the Public Printing. 
Said committee shall have power to adopt such measures 



PRIORITY OF BUSINESS — PRIVATE BILLS AND PRIVATE BUSINESS. 127 

as may be deemed necessary to remedy any neglect or 
delay in the execution of the public printing : Provided, 
That no contract, agreement, or arrangement entered into 
by this committee, shall take effect until the same shall 
have been approved by that house of Congress to which 
the printing belongs, and, when the printing delayed 
relates to the business of both houses, until both houses 
shall have approved of such contract or arrangement. All 
motions to print extra copies of any bill, report, or other Motions to print 

n extra copies to be 

document shall be referred to the members of the Com- referred to House 

members of. 

mittee on Printing from the house in which the same 
may be made." — Stat, at Large, vol. X, p. 34. 

Said committee may also direct a change in the size of the May change from 

_ . octavo to quarto. 

page of a document from octavo to quarto. — Ibid., p. 547. 

They may also cause the printed sheets for the finer May cause sheets 
description of books authorized to be printed by either t0 be dry pressed " 
house to be dry pressed before being bound, the cost not 
to exceed the sum of 50 cents per ream medium. — Ibid., 
p. 645. 

The committee on the part of the House may direct House members 
the binding of extra copies of documents, the size of of certain extra 

. , documents. 

which shall not be less than two hundred and fifty pages; 
the cost not to exceed 12 J cents per volume. — Ibid., p. 190. 

They may control the order in which the Superinten- May control the 
dent shall deliver matter to be printed, and shall from printing"^ to l be 
time to time receive a report from the Superintendent of Receive report 
any failure or delinquency of duty on the part of the S. upenn en 
public printer. — Ibid., p. 31. 

"It shall be in order for the Committee on Printing to May report at any 
report at anytime. 77 — Bide 153. And the right to report in 
at any time carries with it the right to consider the mat- 
ter when reported. — Journal, 1, 32, p. 195. 

PRIORITY OF BUSINESS. 

" All questions relating to the priority of business to Question relative 

to, not debatable. 

be acted on shall be deemed without debate. — Bute 113. 

PRIVATE BILLS AND PRIVATE BUSINESS. 

"Friday and Saturday in every week shall be set apart Take precedence 

J J *■ on Friday and Sat- 

for the consideration of private bills and private business urda y« 



128 PRIVATE BILLS AND PRIVATE BUSINESS. 

in preference to any other, unless otherwise determined 

by a majority of the House. 7 ' — Rule 29. And such bills 

But may be con- ma y also be considered in their order on other days, not- 

sidered on other J J ' 

days - withstanding their precedence on Friday and Saturday. — 

Journal, 1, 19, p. 795. 
Reports of Com- "It shall be in order every Friday morning, imme- 

mittee of Claims , . , „ -,. n ~ 

on bills from court diately alter the readme; ol the lournal, lor the Committee 

of Claims take pre- * . 

cedence every Fri- f Claims to report with reference to business from the 
Court of Claims. The bills reported to be printed and 
placed on the private calendar." — Rule 154. 

Majority may de- When all the private business has been disposed of on Fri- 

termine what to . . .., 

consider after dis- day or Saturday, it is competent for a majority to determine 

what business shall be considered. — Journal, 1, 26, p. 460. 

a motion to go into A motion to go into the Committee of the Whole House 

a Committee of the ^ 

^recedeSofmo 8 on ^ ne state of the Union may be entertained on private 
unkm 1 . g ° int0 bill day, (Journal, 2, 22, p. 212 et passim;) but the motion 
to go into a Committee of the Whole House takes prece- 
dence, (Journals, 1, 29, 850; 1, 30, 775,) [unless (accord- 
ing to the general although not universal practice) a 
special order is pending in the former.] 
By usage, go to a [Although there is no express rule requiring it, it is 

Committee of the L ° # L > . 

whole House. the usage in the commitment of private bills to send them 
to a Committee of the Whole House, while public bills 
are sent to the Committee of the Whole House on the state 
of the Union.] 

(See COMMITTEES OF THE WHOLE.) 

on first and fourth " On the first and fourth Friday of each month the cal- 
n"t o^e^ted S are endar of private bills shall be called over, (the chairman 

to be considered. . _^ . 

of the Committee ol the Whole House commencing the 
call where he left off the previous day,) and the bills to 
the passage of which no objection shall then be made 
shall be first considered and disposed of. 77 — Rule 30. 
And this rule applies as well to the consideration of bills 
in the House as in Committee of the Whole. — Journal, 1, 
31, p. 697. [On such days a single objection, or debate 
arising thereon, is fatal to the further consideration of a 
bill, but an amendment may be entertained and voted on. 
And after a bill has been objected to, and on that account 
passed over, it cannot, without unanimous consent, be 
recurred to.] 



PEIYATE LAND CLAIMS, COMMITTEE ON — PRIVILEGE. 129 

PRIVATE LAND CLAIMS, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed, 

L L m m and number of. 

session a Committee on Private Land Claims, to consist 
of nine members. — Bide 76. 

"It shall be the duty of the Committee on Private its duty. 
Land Claims to take into consideration all claims to land 
which may be referred to them, or shall or may come in 
question, and to report their opinion thereupon, together 
with such propositions for relief therein as to them shall 
seem expedient." — Rule 90. 

PRIVILEGE. 

"Senators and representatives shall, in all cases except Pnviiege from ar- 
rest. 

treason, felony, and breach of the peace, be privileged 
from arrest during their attendance at the session of their 
respective houses, and in going to and returning from the 
same; and for any speech or debate in either house, Nottobequestion- 

• « i ss ed out of House for 

they shall not be questioned m any other place. — Const., ?peecn or debate 
1, 6, 9. 

' ' This privilege from arrest, privileges, of course, Privilege from ar-* 

rest. 

against all process the disobedience to which is punish- 
able by an attachment of the person; as a subpoena ad 
respondendum or testificandum, or a summons on a jury; 
and with reason, because a member has superior duties 
to perform in another place. 7 ' — Manual, p. 54. 

"Each house may determine the rules of its proceed- House may expel 

.,. , r*Tii i n its members. 

mgs, punish its members for disorderly conduct, and, with 
the concurrence of two-thirds, expel a member." — Const., 
1, 5, 8. 

In the maintenance of what are denominated its privi- penalties inflicted 

-i-pt • -i • t • ^ i for breach of. 

leges, and oi the privileges ol its individual members, 
the House, in former Congresses, has imposed various 
penalties. 

In some cases it has directed its Speaker to reprimand 
the party offending. — Journals, 1, 4, p. 389; 1, 15, p. 
154; 1, 22, pp. 730, 736. 

In others it has committed the party to the custody of 
the Sergeant-at- Arms. — Journals. 1, 4, p. 407; 1, 12, p. 
280; 1, 15, p. 119; 2, 34, pp. 277, 281, 384. 
9 



130 PRIVILEGE, QUESTIONS OF. 

In others (where the parties were reporters of the 
House) it has excluded them from the hall. — Journals, 1, 
24, .p. 1021; 2, 33, p. 315. 

And in one case, where a witness refused to answer 
a question propounded to him by a select committee, it 
was ordered and adjudged by the House that he be com- 
mitted to the common jail of the District of Columbia, to 
• be kept in close custody until he should signify his will- 
ingness to purge himself of the contempt. — Journal, 1, 
35, pp. 387 to 389. And after having been so imprisoned 
for more than three months, he was, by the further order 
of the House, released from jail and delivered over to 
the marshal of the said District to answer a presentment 
pending against him in the United States criminal court 
therein. — Ibid., pp. 535 to 539. 

PRIVILEGE, QUESTIONS OF. 

Take precedence ' ' A matter of privilege arising out of any question, or 

of other business. 

from a quarrel between two members, or any other cause, 
supersedes the consideration of the original question, and 
must be first disposed of." — Manual, p. 101. [According 
to the practice, not finally disposed of; but the House 
shall proceed to such immediate measures as it may think 
proper.] 
Duty of the speak- Whenever the Speaker is of the opinion that a ques- 

er in reference to. ... . . 

tion of privilege is involved in a proposition, he must 
entertain it in preference to any other business. — Journal, 
1, 29, p. 724. [Such opinion, of course, being subject to 
an appeal.] And when a proposition is submitted which 
relates to the privileges of the House, it is his duty to 
entertain it, at least to the extent of submitting the ques- 
tion to the House as to whether or not it presents a ques- 
tion of privilege. — Journals, 3, 27, p. 46; 1, 29, p. 223: 
1, 30, p. 712; 1, 31, p. 1079; 1, 35, pp. 376, 410. 

An enumeration of the various questions of privilege 
that may arise cannot, of course, be given, but the follow- 
ing list embraces nearly all that have arisen, viz: 
uav C arisen. Contested election cases — Journals, 1, 26, pp. 1283, 
1300; 1, 29, p. 201; 1, 31, p. 1065; 2, 31, p. 119; 



PRIVILEGE, QUESTIONS OF. ^ 131 

Failure or refusal of a witness to appear before com- which have arisen, 
mittees of the House, or refusal to testify — Journals, 1, 
12, p. 277; 2, 33, p. 315; 2, 34, pp. 241, 269; 1, 35, pp. 
258, 371, 411, 451; 

Offer to bribe a member — Journals, 1, 4, p. 389; 1, 
U,pp. 117, 119; 

Challenge of a member by a senator — Journal, 1, 4, p. 
471; 

Assault by one member upon another — Journals, 1, 5, 
p. 154; 1, M,p. 1527; 

Divulging the secrets of the House — Journal, 1, 12, p. 
276; 

Assault upon a member — Journals, 1, 22, p. 590; 2, 23, 
p. 485; 

Menacing language toAvards a member out of the House 
on account of interrogatories propounded by him to a 
witness before the House — Journal, 1, 22, p. 740; 

Disorder in the gallery — Journal, 1, 24, p. 331; 

Fracas between two reporters in the presence of the 
House — Journal, 1, 24, p. 983; 

Refusal of a member to take his seat in Committee of : - 

the Whole when ordered by the chairman to do so — 
Journal, 1, 24, p. 1209; 

Duel between two members — Journal, 2, 25, p. 501; 

Warm words and a mutual assault between two mem- 
bers in Committee of the Whole — Journal, 2, 25, p. 
1013; 

Protest by the President against certain proceedings 
of the House — Journal, 2, 27, p. 1459; 

Proposition to impeach the President — Journal, 3, 27, 
p. 159; 

Alleged menace of members by a mob at the seat of 
government — Journal, 1, 30, p. 712; 

Charge of falsehood upon a member in a newspaper, by 
the printer of the House — Journal, 1, 29, p. 223; 

Alleged false and scandalous report of proceedings in 
the House, by one of its reporters — Journal, 2, 29, p. 
320; 

Alleged mutilation of the journal by the Speaker — 
Journal, 1, 31, p. 713; n " 7 ' 



132 

which have arisen. Publication by the public printer of an article alleged 
to be for the purpose of exciting unlawful violence upon 
members — Journal, 1, 33, p. 965; 

Charges affecting the official character of a member — 
Journal, 1, 33, p. 1178; 

Alteration and interpolation of House bills — Journal, 
1, 33, p. 1194; 

Assault upon a senator by a member of the House — 
Journal. 1, 34, p. 1023; 

Alleged corrupt combinations on the part of certain 
members — Journal, 2, 34, pp. 475, 476; 

Proposition to expel a member on the ground of al- 
leged imputations resting upon him by reason of proceed- 
ings of the House at the previous Congress. — Journal, 1, 
35, p. 179. 
previous question The previous question applies upon a question of privi- 
lege as well as in other cases. — Journals, 2, 27, pp. 573, 
576; 1, 28, p. 882. 

PRIVILEGE OF THE FLOOR. 
(See FLOOR.) 

PRIVILEGED QUESTIONS. 

what are. [Privileged questions are those to which precedence is 

given over other questions by some general rule or special 
order of the House, and are of different grades among 
themselves.] 

Motions to fix the day to which the House shall adjourn 
and to adjourn, shall be "alivays in order." — Rule 48. 
Motions to reconsider take precedence of all questions, except 
a motion to adjourn. — Bute 56. Motions to go into Com- 
mittee of the Whole House on the state of the Union, 
and to close debate in Committees of the Whole, may be 
made "at any time." — Rule 136. Eeports from the Com- 
mittee on Enrolled Bills — Rule 138 — and the Committee 
on Printing may be made "at any time." The Committee 
on Engraving may report "at all times." — Rule 104. 

PUBLIC BUILDINGS AND GROUNDS, COMMITTEE ON. 

when appointed There shall be appointed at the commencement of each 

and number of. x L 

session a Committee on Public Buildings and Grounds, to 
consist of five members. — Rule 76. 



PUBLIC EXPENDITURES, COMMITTEE ON — QUESTIONS. 133 

"It shall be the duty of the Committee on Public Duties of. 
Buildings and Grounds to consider all subjects relating 
to the public edifices and grounds within the city of 
Washington which may be referred to them, and report 
their opinion thereoD, together with such propositions 
relating thereto as may seem to them expedient." — Rule 
100. 

PUBLIC EXPENDITURES, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed 

and number of. 

session a Committee on Public Expenditures, to consist 
of nine members. — Rule 76. 

' ' It shall be the duty of the Committee on Public Ex- its duties, 
penditures to examine into the state of the several public 
departments, and particularly into laws making appropria- 
tions of money, and to report whether the moneys have 
been disbursed conformably with such laws; and also to 
report, from time to time, such provisions and arrange- 
ments as may be necessary to add to the economy of the 
departments and the accountability of their officers. 77 — 
Rule 89. 

PUBLIC LANDS, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed 

. . and number of. 

session a Committee on the Public Lands, to consist of 
"nine members. — Rule 76. 

"It shall be the duty of the Committee on the Public its duties. 
Lands to take into consideration all such petitions and 
matters or things respecting the lands of the United 
States as shall be presented, or shall or may come in ques- 
tion, and be referred to them by the House, and to report 
their opinion thereon, together with such propositions 
for relief therein as to them shall seem expedient. 77 — 
Rule 84. 

QUESTIONS. 

"The Speaker shall rise to put a question, but may speaker shall rise 
state it sitting. 77 — Rule 3. t0pUt ' 

Questions shall be distinctly put in this form, to wit: How put. 
"As many as are of opinion that (as the question may be) 



134 QUORUM. 

say ' Aye; 1 " and after the affirmative voice is expressed, 
"As many as are of the contrary opinion, say l No.' " — 
Rule 4. (See, also, tellers and yeas and nays.) 
Decorum of mem- "While the Speaker is putting any question, none shall 

bers while putting. , 

walk out of or across the house, nor entertain private 
discourse." — Rule 39. 
Division of. (See division of questions.) 

Precedence of, &c; (See MOTIONS.) 

Tie vote on. In case of an equal division on a question, the question 

shall be lost. — Rule 12. (See also tie vote. ) 

QUORUM. 

Majority consti- " A majority of each house shall constitute a quorum 

tutes, for business. 

Power of less than, to do business, but a smaller number may adjourn from 
day to day and may be authorized to compel the attend- 
ance of absent members in such manner and under such 
penalties as each house may provide." — Const., 1, 5, 8. 
[Since the admission of Oregon, 119 members constitute 
a quorum.] 
what constitutes, ^ quorum of the House for the purpose of choosing 
pVs?de°n°t S . ing the the President shall consist of a member or members from 

two-thirds of the States. — Const., 2, 1, 16. 
one-fifth of, may Tellers may be ordered upon motion seconded by at 
order tellers. j eagt one _f[fth f a q UOrum f the members. — Rule 4. 

[Equal to 24 members.] 

journal to be read The Speaker each day on the meeting of the House, 
on appearance of. , { and Qn tbe a pp earance f a quorum, shall cause the 

journal of the preceding day to be read." — Rule 1. And 
it is a very common practice when no quorum is present 
upon the Speaker taking the chair, for him to entertain 
a motion for a call of the House before causing the journal 
to be read. — Journal, 1, 35, p. 840. 
Less than, can only Where less than a quorum is present, a motion to take 

call House or ad- x L ' 

joum. a recess i s no t in order, and no motion is in order except 

for a call or to adjourn. — Journals, 1, 29, p. 356; 2, 29, p. 
343; 2, 32, p. 388. 

want of, in com- "Whenever the Committee of the Whole House on 

mittees of the . 

whole. the state of the Union, or the Committee of the Whole 

House, finds itself without a quorum, the chairman shall 
cause the roll of the House to be called, and thereupon 



READING OF PAPERS. 135 

the committee shall rise and the chairman shall report 
the names of the absentees to the House, which shall be 
entered on the journal." — Rule 126. And as soon (after 
rising for such purpose) as a quorum is ascertained to be 
present the House must return into committee. — Journal, 
2, 27, p. 592. 

"Whenever during business it is observed that a where not present 

a member may call 

quorum is not present, any member may call for the f °r count. 
House to be counted, and being found deficient, business 
is suspended." — Manual, p. 63, also, p. 79. 
(See, also, calls of the house.) 

READING OF PAPERS. 

"Where papers are laid before the House or referred Right of member to 

. insist on, where 

to a committee, every member has a right to have them called to vote on 

once read at the table before he can be compelled to vote 

on them" — Manual, p. 93; and this applies to the reading 

of papers on a motion to refer them. — Journal, 1, 34, p. 

1146. And so in regard to any proposition submitted for 

a vote of the House; but it being a right derived from the 

rules, he mav at anv time (when a motion to suspend the But may be de- 

J J v . "„ prived of it by a 

rules is in order) be deprived of it by a suspension of the gfP g e,Moii of the 
rules-— Journals, 1, 32, p. 1116 ; 3, 34, p. 618 ; 2, 35, p. 
572 — even after the main question is ordered to be 
put. — Journal, 3, 34, p. 386. 

"When the reading of a paper is called for, and the where objected to. 
same is objected to by any member, it shall be deter- 
mined by a vote of the House." — Rule 57. 

[The rule above recited is not construed to apply to construction of the 

L . rr * / . 57th Rule in regard 

the single reading of a paper or proposition upon which to. 
the House may be called upon to give a vote, or to the 
several regular readings of a bill, but to cases where a 
paper has been once read, or a bill has received its regu- 
lar reading and another is Called for, and also where a 
member desires the reading of a paper having relation to 
the subject before the House.] But it does not apply to 
the case of an amendment which a member, by leave, has In c . ase of a " 

1 *> amendment of 

given notice of his intention at a future time to offer. — gjjj njtice is 
Journal, 1, 31, p. 1149. 

The reading of a report relating to a pending proposi- Where cannot be 
tion cannot be called for after the previous question is 



136 RECESS — RECOMMIT, MOTION TO. 

seconded, as it would be in the nature of debate. — Jour- 
nal, 1, 23, p. 726. 

RECESS. 

when taken. [Where it is desired that the House shall suspend its 

business for a short time, a recess is sometimes taken. 

Motion for. The motion for that purpose is frequently entertained by 

•unanimous consent, or under a suspension of the rules — 
Journals, 1, 28, p. 675; 2, 31, pp. 397, 424; 2, 32, pp. 350, 
420 — and if objection is made, it is only by a suspension 
of the rules that the motion can be submitted.] 

Less than quorum It is not in order for less than a quorum to take a 

cannot take. x 

Not in order pend- recess — Journals, 1, 29, p. 356; 2, 32, p. 388; nor, pend- 
ing call of House. . 

ing a call of the House, can a recess be taken unless by 
unanimous consent. — Ibid., 1, 26, p. 843. 

Where it is proposed to take a recess, by adjournment, 
For more than for more than three days, the Senate must consent before 

three days. 

it can be taken. — Const, 1, 5, 9. (See adjournment.) 



in order at any "After commitment and report thereof to the House, 
sage of bill, but or at any time before its passage, a bill may be recom- 

not if main ques- 
tion is ordered, mitted." — Rule 120. But not after the main question is 

ordered to be put. — Journal, 1, 29, p. 643. [Nor, accord- 
ing to the practice, even pending the demand for the pre- 
vious question.] 
Recommitment of [After a careful examination of the journals, but one 
or two instances have been found of bills recommitted 
after engrossment and third reading, and reported back with 
amendment. — Journal, 1, 9, pp. 264, 276, 282. From these 
it appears that in case of a House bill recommitted after 
engrossment, either an amendatory bill may be reported 
back, which is to be treated as an original bill, or the 
original bill may be reported back with amendments, and 
after the House has acted on the amendments, the question 
is again put on its engrossment and third reading. And in 
case of a Senate bill recommitted after third reading, it 
may be reported back with amendments, which having 
been disposed of, the question is again put on the third 
reading of the bill.] 



RECONSIDER, MOTION TO. 137 



RECONSIDER, MOTION TO. 

"When a motion has been once made and carried in who may make, 
the affirmative or negative, it shall be in order for any 
member of the majority to move for the reconsideration 
thereof, on the same or succeeding day; and such motion when to be made, 
shall take precedence of all other questions, except a precedence of. 
motion to adiourn; and shall not be withdrawn after the cannot be with- 

«J I drawn after the 

said succeeding day without the consent of the House, m m k irig e . lapsed for 
and thereafter any member may call it up for consider a- Any member may 
tion." — Rule 56. 

A fair construction of this rule will permit a member who may make,in 

case of tie vote. 

who has voted with the 'prevailing side on a tie vote to 
move a reconsideration. Such is evidently the spirit of 
the rule. — Journal, 1, 30, p. 1081. [And such has been 
the subsequent practice.] 

It is in order at any time on the same or succeeding day May be entered, 
to move a reconsideration and have it entered, but it ed while another 

question is up. 

cannot be taken up and considered while another ques- 
tion is before the House. — Journal, 1, M,pp. 1476, 1477. 

A motion to reconsider, if made in time, may be enter- Maybe entertained 

m even after papers 

tained notwithstanding the papers connected with the have g° ne out °i 

° x x the possession of 

original proposition have gone out of the possession of theHouse - 
the House.— Journals, 1, 26, p. 1033; 1, 2S, pp. 1125, 
1131; 1, 29, p. 657; 1, 33, pp. 336, 1199. And pending 
a motion to reconsider the vote on the passage of a bill, 
the Speaker should decline to sign the said bill if reported 
by the Committee on Enrolled Bills. — Ibid., 1, 26, p. 1033. 
[When the papers have been sent to the Senate, it is usual 
in case of a motion to reconsider, to send a message to 
that body requesting their return.] 

[The effect of the pendency of a motion to reconsider, Effect of pendency 

of, upon original 

according to the universal usage, is to suspend the original proposition, 
proposition, ] but ' ' where the term of the members expires 
without acting on the motion to reconsider for the want 
of time or inclination, the motion of course fails, and 
leaves the original proposition operative." — (Opinion of 
Mr. Speaker Orr, and also of Mr. Speaker Banks, in the 
case of a resolution directing the payment of money out 
of the contingent fund of the House, where Congress 



138 KECONSIDER, MOTION TO. 

adjourned sine die — pending a motion to reconsider the 

vote by which it was adopted.) 
acUo5hi e r5SS| Xt is not in order to move a reconsideration of a vote 
^ve C rsed: annot be sustaining a decision of the Chair, after subsequent action 

has resulted therefrom which it is impossible for the 

House to reverse. — Journal, 1, 31, pp. 860, 861. 
cannot be repeat- Where a motion to reconsider has been once put and 

ed. .... 

•decided, it is not in order to repeat the motion. — Journal, 
Except where an 2, 27, p. 1022. But it is otherwise, where an amendment 

amendment has ' x 

been made. h as b een adopted since the first reconsideration. — Journal, 

1, 31, pp. 1404, 1406, 1407. 
order of yeas and An order that a vote be taken by yeas and nays may 

nays may be re- ,'.'.' 

considered. b e reconsidered, but the question immediately recurs 

subject to be decided affirmatively by one-fifth of the 
members present.— Journals, 1, 19, p. 796; 1, 30, p. 405. 

so also negative A negative vote on a motion to lie on the table may be 

vote on motion to ° 

lie on the table, reconsidered. — Journal, 2, 32, 234. 

if motion to recon- A motion to reconsider a vote laying a motion to recon- 
sider be laid on 

table it cannot be s ider on the table is not in order: if entertained, it would 

reconsidered. ' ' 

lead to inextricable confusion by piling up motion upon 

motion to reconsider. — Journals, 3, 27, p. 334; 1,33,^.357. 

Decided affirma- According to the uniform practice, where a motion to 

tively,question mi- ° *- 

oT^rigiLi 'ques- reconsider has been passed in the affirmative, the ques- 
tion, &c. j.. Qn { mme( jiiately recurs upon the question reconsidered. — 
Journal, 1, 31, p. 847. [And the House proceeds with 
the consideration of the subject without regard to the 
fact of its having been on the Speaker's table when the 
motion to reconsider was submitted.] 
when vote taken Where a vote taken under the operation of the pre- 

under previous . . 1 

question is consid- v j ous question is reconsidered, the question is tnen 
divested of the previous question and is open to debate 
and amendment. — Journals, 1, 27, p. 129; 1, 33, p. 127. 

previous question The previous question may be reconsidered, but not 

||£not CO pari?y after it is partly executed.— Journal, 1, 31, pp. 1101, 1398. 
[And according to the usual practice in the reconsidera- 
tion of the previous question but a single vote is taken, 

Previous question viz : Will the House reconsider the vote on ordering the 
main question? which being decided affirmatively, the 
subject is divested of the demand for the previous ques- 
tion.] 



how reconsidered. 



REFER, MOTION TO — REPORTS OF COMMITTEES. 139 

A vote on the reconsideration of a vetoed bill cannot Not in order, of 

vote refusing to 

be reconsidered. — Journal, 1, 28, pp. 1093. 1097. pass a vetoed bin. 

A motion to reconsider is not debatable, if the ques- where not debata- 
ble. 

tion proposed to be reconsidered was not debatable. — 
Journals, 2, 27, p. 331; 2, 30, pp. 135, 136. But the 
fact of a question having been decided under the opera- 
tion of the previous question does not prevent debate on 
the motion to reconsider, if the original question was 
otherwise debatable. — Journal, 1, 33, p. 127. A motion 
to reconsider a vote on a resolution passed on resolution 
day, under the operation of the previous question, like 
the resolution cannot be debated on that day, but must 
lie over. — Journal, 2, 30, pp. 135, 136. 

REFER, MOTION TO. 
(See COMMIT, MOTION TO.) 

REPORTERS. 

' ' Stenographers and reporters other than the official 4?thp?rm?sffon e of 
reporters of the House, wishing to take down the de- Speaker - 
bates, may be admitted by the Speaker to the reporters' 
gallery over the Speaker's chair, but not on the floor of 
the House; but no person shall be allowed the privilege 
of said gallery under the character of stenographer or 
reporter, without a written permission of the Speaker, 
specifying the part of said gallery assigned to him; nor 
shall said stenographer or reporter be admitted to said 
gallery unless he shall state, in writing, for what paper Must state for 

• what paper. 

or papers he is employed to report; nor shall he be so 
admitted, or, if admitted, be suffered to retain his seat if 
he shall be or become an agent to prosecute any claim Must not be claim 

x J agents. 

pending before Congress; and the Speaker shall give his 
written permission with this condition." — Rule 18. 

By a resolution of the House (Journal, 1, 32, p. 70) 
the doorkeeper was directed to provide chairs for the g[^o n gre^simia^ 
reporters of the Congressional Globe, to be placed in c'ielkVdesk?" 1 ° f 
front of the Clerk' s desk. 

REPORTS OF COMMITTEES. 

(See also committees. ) 



140 REPORTS OF COURT OF CLAIMS — RESOLUTIONS. 

Such reports as originated in either House, and, at the 
Si n d d of e aTe n s^on. at ulose of the session, remain undetermined in either house, 
shall, after six days from the commencement of a second 
or subsequent session of the same Congress, be resumed 
as if an adjournment had not taken place. — Rule 22 and 
Joint Rule 21. 

REPORTS OF COURT OF CLAIMS. 
(See CLAIMS, COURT OF.) 

REPORTS OF OFFICERS OF GOVERNMENT. 

"It shall be the duty of the Clerk to make and cause 
to be printed, and deliver to each member, at the com- 
^ong^ei 6 S a be mencement °^ evei T session of Congress, a list of the 
prepared. reports which it is the duty of any officer or department 

of the government to make to Congress — referring to the 
act or resolution and page of the volume of the laws or 
journal in which it may be contained, and placing under 
the name of each officer the list of reports required of 
him to be made, and the time when the report may be 
expected." — Rule 109. 

RESOLUTIONS. 

Distinction betw'n "When the House commands it is by an 'order.-' But 

"orders "and. . . . . 

fact, principles, and their own opinions and purposes are 
expressed in the form of resolutions.''' — Manual, p. 82. 
[This distinction is not strictly kept up in the practice of 
the House.] 

Daily can for. " Reports from the committees having been presented 

and disposed of, the Speaker shall call for resolutions 
from the members of each State and delegates from each 
Territory, beginning with Maine and the Territory of 

Not to be debated. Nebraska alternately. They shall not be debated on 
the very day of their being presented; nor on any day 
assigned by the House for the receipt of resolutions, 
unless where the House shall direct otherwise, but shall 
lie on the table, to be taken up in the order in which 
they were presented; and if, on that day, the whole of 

can for, how re- the States and Territories shall not be called, the Speaker 
shall begin on the next day where he left off the previous 



RESOLUTIONS. 141 

day: provided that no member shall offer more than oneoniyone to beof- 

. _ 1 ferred by a meui- 

resolution, or one series of resolutions, all relating to tneber. 
same subject, until all the States and Territories shall 
have been called. — Rule 25. 

"All the States and Territories shall be called for res- Ua " £ r ' ? n a,ter - 

nate Mondays. 

olutions on each alternate Monday during each session of 
Congress; and, if necessary to secure the object on said 
days, all resolutions which shall give rise to debate shall 
lie over for discussion, under the rules of the House 
already established; and the whole of said days shall be Not to be debated, 
appropriated to resolutions until all the States and Ter- 
ritories are called through. 7 ' — Rule 26. 

[These rules would seem to indicate that frequent opportunities fi.r 

L m *■ submitting, not fre- 

occasions are presented at which resolutions may be i uent ' 
offered in order, but from various causes such is not the 
case. Indeed, it rarely happens, after the business of 
a session has fairly begun, that a resolution is ever 
offered, except under a suspension of the rules, or by 
unanimous consent, or perhaps upon the report of a com- 
mittee. The difficulty results from the fact that privi- 
leged motions, especially those to go into Committee of 
the Whole on the state of the Union, and to suspend the 
rules, are often interposed; also from the frequency of 
applications for the consideration of business out of its 
order, &c. — See business, daily order of.] 

The name of the member who offers a resolution to the Name of member 

who offers, entered 

consideration of the House shall be inserted on the jour- on J° urnal - 
nals. — Rule 60. 

No bill or resolution shall, at any time, be amended by Amendment to. 
annexing thereto, or incorporating therewith, any other 
bill or resolution pending before the House." — Rule 55. 
[According to the practice, an amendment containing the 
substance of a pending bill or resolution is in order.] — (See 

AMENDMENTS.) 

' ' Every order, resolution, or vote, to which the concur- Where e a concur - 

^ ' ' rence of senate is 

rence of the Senate shall be necessary, shall be read to necessary ' 
the House, and laid on the table, on a day preceding that 
in which the same shall be moved, unless the House shall 
otherwise expressly allow." — Rule 59. 

Such resolutions as call for information from the Presi- 2S& for infor " 



142 REVOLUTIONARY PENSIONS, COMMITTEE ON. 

dent or heads of departments are required, by Rule 61, 
to lie on the table one day. — (See calls on the presi- 
dent, ETC.) 
May be considered A demand for the previous question immediately upon 

if previous question 

seconded. submitting a resolution prevents debate, and, if seconded, 

the resolution need not lie over, as in the case of debate 
arising.— Journals, 1, 26, p. 1067; 2, 27, p. 429. 

REVISAL AND UNFINISHED BUSINESS, COMMITTEE OF. 

when appointed, There shall be appointed at the commencement of each 

and number of. m m m 

session a Committee of Revisal and Unfinished Business, 
to consist of five members. — Rule 76. 
Duties of. "It shall be the duty of the Committee of Revisal 

and Unfinished Business to examine and report what laws 
have expired, or are near expiring, and require to be 
revived or further continued; also, to examine and report 
from the journal of last session all such matters as were 
then depending and undetermined." — Rule 101. 

REVOLUTIONARY CLAIMS, COMMITTEE ON. 

when appointed, There shall be appointed at the commencement of each 

and number of. 

session a Committee on Revolutionary Claims, to consist 
of nine members. — Rule 76. 
its duties. "It shall be the duty of the Committee on Revolution- 

ary Claims to take into consideration all such petitions and 
matters or things touching claims and demands originat- 
ing in the revolutionary war, or arising therefrom, as 
shall be presented, or shall or may come in question, and 
be referred to them by the House; and to report their 
opinion thereupon, together with such propositions for 
relief therein as to them shall seem expedient." — Rule 
88. 

REVOLUTIONARY PENSIONS, COMMITTEE ON. 

when .appointed, There shall be appointed at the commencement of each 

and number of. 

session a Committee on Revolutionary Pensions, to con- 
sist of nine members. — Rule 76. 
its duties. 1 1 It shall be the duty of the Committee on Revolution- 

ary Pensions to take into consideration all such matters 
respecting pensions for services in the revolutionary war, 



EOADS AND CANALS, COMMITTEE ON — RULES. .143 

other than invalid pensions, as shall be referred to them 
by the House. 7 '— Rule 96. 

ROADS AND CANALS, COMMITTEE ON. 

There shall be appointed at the commencement of each when appointed, 

n /-V ' T-» n aDd nUmljer ° f « 

session ot Congress a Committee on Roads and Canals, to 
consist of nine members. — Rule 76. 

"It shall be the duty of the Committee on Roads and its duties. 
Canals to take into consideration all such petitions and 
matters or things relating to roads and canals, and the 
improvement of the navigation of rivers, as shall be pre- 
sented or may come in question, and be referred to them 
by the House; and to report thereupon, together with 
such propositions relative thereto as to them shall seem 
expedient." — Rule 98. 

ROOMS IN THE CAPITOL. 

"The unappropriated rooms in that part of the Capitol unappropriated, to 

x L x * x be at disposal of 

assigned to the House shall be subject to the order and s P eaker - 
disposal of the Speaker until the further order of the 
House."— Rule 147. 

RULES. 

" Each house may determine the rules of its proceed- Each house ma y 

. , ~ J * determine its. 

ings. — Const. 1, 5, 8. 

"No standing rule or order of the House shall be re- Not to be changed 

° without notice. 

scinded or changed without one day's notice being given 
of the motion therefor, (see notices;) nor shall any rule 
be suspended, except by a vote of at least two-thirds of To . suspend, re- 

J- 7 jr. V quires two-thirds, 

the members present." — Rule 136. But a majority may uSorVoVSe- 

, . • lii l tipji bate in Committee 

at any time suspend the rules and orders tor the purpose f the whole. 
of going into the Committee of the Whole on the state of 
the Union, and for closing debate in Committees of the 
Whole — (see debate.) — Same Rule. 

Except during the last ten days of the session the Speaker Wnen onl y m °- 

r P o J i- tions to suspend, 

shall not entertain a motion to suspend the rules of the can be made - 
House at any time, except on Monday of every week: 
Provided, nothing herein contained shall be construed to 
alter so much of the 136£A Ride as gives to the majority Except where ma- 

° o ^ jority may sus- 

the right at any time to go into the Committee of the P end - 



144 SATURDAY — SEATS OF MEMBERS. 

Whole on the state of the Union, and to close debate. — 
Rule 137. 
when motion to It is not in order to move a suspension of the rules 

suspend, not in 

order. while the House is acting under a suspension of the 

rules— Cong. Globe, 2, 27, pp. 58, 142; 1, 31, p. 1225; 
nor while considering a special order, it having been 
made under a suspension of the rules — Ibid., 2, 29, pp. 
.401, 439; nor while the previous question is operating. — 
Journal, 2, 33, jp. 564. 

Motion to suspend, A motion to suspend the rules is not debatable — Cong. 

not debatable. ^ 

Not amendable. Globe, 2, 2 I , p. 121; 1, 29, p. 343; nor is it amendable — 
Cong. Globe, 2, 30, pp. 319, 320; Journal, 2, 35, p. 477; 

cannot be laid onnor can it be laid on the table — Cong. Globe, 1, 29, p. 

inde e nnite P iy! tpone 343; Journal, 2, 35, 510; nor postponed indefinitely — 
Cong. Globe, 1, 26, p. 121. 

vote on suspension The vote on a motion to suspend the rules cannot be 

cannot be recon- 
sidered, reconsidered. — Journal, 2, 31, 134. 

where suspended Where the rules are suspended to enable a member to 

p°urpo^e. pamcular submit a particular proposition, if he fails to submit it 
another member may do so. — Journal, 1, 23, p. 631. 

No modification After the rules have been suspended to allow a pro- 
position to be submitted, it cannot be modified. — Cong. 
Globe, 1, 31, p. 1727. 

Motion to suspend, The rules may be suspended by a single vote for the 

Sbi!is. raLd purpose of enabling a number of bills to be reported from 
a committee. — Journal, 3, 34, p. 432. 

join* mie suspend- A joint rule, so far as the House is concerned, requires 
a majority vote only for its suspension. — Journal, 2, 24, 
p. 574. 

Not in order to It is not in order, under color of amendment, to move 

change or rescind, ... , . ' 

under color of a- to change or rescind a rule; and where such is the effect 

mendment. ° # / M 

of a motion, one day's notice is necessary. — Journal, 1, 
20, p. 674. 

SATURDAY. 
(See PRIVATE BILLS AND PRIVATE BUSINESS.) 
SEATS OF MEMBERS. 

what has been Hitherto each member has been provided with a desk 
gar S d°to. ary v e " and seat within the hall, the location of which for the 



SECRET SESSION — SENATE. 145 

session has of late years been determined by lot. At 
the last session of Congress, however, with a view to try 
the experiment of dispensing with desks, the following 
resolution was adopted, viz : 

" Resolved, That the Superintendent of the Capitol Desks to be re- 

-n -it ic i i- pi moved and seats 

Extension be directed, after the adjournment of the re-arranged, 
present session of Congress, to remove the desks from 
the hall of the House, and to make such a re -arrange- 
ment of the seats of members as will bring them together 
into the smallest convenient space. 77 — Journal, 2, 35, pp. 
580, 583. 

SECRET SESSION. 

"Whenever confidential communications are received when confidential 

communication 

from the President of the United States, the House shall made by President.- 
be cleared of all persons, except the members, Clerk, 
Sergeant- at- Arms, and doorkeeper, and so continue during 
the reading of such communications, and (unless other- 
wise directed by the House) during all debates and pro- 
ceedings to be had thereon. And when the Speaker, or o rup on suggestion 
any other member, shall inform the House that he has to be cleared, 
communications to make which he conceives ought to be 
kept secret, the House shall, in like manner, be cleared 
till the communication be made; the House shall then 
determine whether the matter communicated requires 
secrecy or not, and take order accordingly. 77 — Rule 112. 

The Sergeant-at-Arms (Rule 72) and the doorkeeper officers sworn to 
(Rule 74) shall be sworn to keep the secrets of the House. Ho e use? crets 

Such parts of the journal of a secret session as may, in House need not 
the judgment of the House, require secrecy, need not be 
published. — Const. 1, 5, 9. 

SENATE. 

"Every order, resolution, or vote, to which the con- orders, & c ., re- 
currence of the Senate shall be necessary, shall be read renc e of, to n e on 

J.1 TT 11-1 table 0I1 daV< 

to the House and laid on the table on a day preceding 
that in which the same shall be moved, unless the House 
shall otherwise expressly allow. 77 — Rule 59. 

(See MESSAGES FROM THE SENATE.) 

10 



146 SERGEANT-AT-ARMS. 



SERGEANT-AT-ARMS. 

To be appointed. "A Sergeant-at-Arms shall be appointed, to hold his 

ms duties. office during the pleasure of the House, whose duty it 

shall be to attend the House during .its sittings; to exe- 
cute the commands of the House from time to time, 
together with all such process, issued by authority thereof, 
' as shall be directed to him by the Speaker. 7 ' — Rule 67. 

Additional duty. "It shall be the duty of the Sergeant-at-Arms to keep 
the accounts for pay and mileage of members, to prepare 
checks, and, if required to do so, to draw the money on 
. such checks for the members, (the same being previously 
signed by the Speaker and endorsed by the member,) and 
pay over the same to the member entitled thereto/' — 
Rule 70. 

committee on And by Rule 103 it is made the duty of the Committee 

Mileage to report J J 

t0, on Mileage to ascertain, and report to the Sergeant-at- 

Arms, the distance for which each member shall receive 
pay. 

shaii deduct ex- By resolution of May 4, 1842, it is made the duty of 

cess of stationery J ^ 

from compensa- ^he Sergeant-at-Arms to deduct the amount of excess of 

tion of members. ° 

stationery received by members beyond their allowance 
from their pay and mileage. — Journals, 2, 27, 495, and 1, 
31, p. 1510. (See also compensation.) 

shaii give bond. "The Sergeant-at-Arms shall give bond, with surety, 
to the United States, in a sum not less than five nor more 
than ten thousand dollars, at the discretion of the Speaker, 
and with such surety' as the Speaker may approve, faith- 
fully to account for the money coming into his hands for 
the pay of members." — Rule 71. 

swom to keep se- "The Serjeant-at-Arms shall be sworn to keep the 

crets of Houses. ° x 

secrets of the House." — Rule 72. 

symbol of office. "The symbol of his office (the mace) shall be borne 
by the Sergeant-at-Arms when in the execution of his 
office."— Rule 68. 

Fees of. ' ' The fees of the Sergeant-at-Arms shall be, for every 

arrest, the sum of two dollars; for each day's custody 
and releasement, one dollar; and for travelling expenses 
for himself or a special messenger, going and returning, 



SMITHSONIAN INSTITUTION — SPEAKER. 147 

one tenth of a dollar per mile. 77 — Rule 69. And it is 
provided by act of February 5, 1859, "that hereafter the 
mileage or travelling allowance to the officer or other 
person executing precepts or other summons of either 
house of Congress shall not exceed ten cents for each 
mile necessarily and actually travelled by such officer or 
other person in the execution of any such precept or 
summons. 77 — Stat, at Large, vol. XI, p. 379. 

The oath of the Sergeant-at-Arms, as prescribed by the His oath of office, 
act of June 1, 1789, and Rule 72 is as follows: "I 
solemnly swear, or affirm, (as the case maybe,) that I 
will support the Constitution of the United States, and 
that I will keep the secrets of the House. 77 

SMITHSONIAN INSTITUTION. 

By the act of August 10, 1846, three of the Regents of Regents of, to be 

appointed by the 

said Institution shall be members of the House of Repre- speaker, 
sentatives, to be appointed by the Speaker on the fourth 
Wednesday in December next after the first meeting of 
every Congress, to serve until the fourth Wednesday in 
December, the second succeeding their appointment, and 
vacancies shall be filled as vacancies in committees are 
filled.— Stat, at Large, vol. IX, p. 102. 

The Board of Regents shall submit to Congress, at Report to be made 

•■ ,-. n , r ,1 ,. -,. to Congress an- 

each session tnereoi, a report ol the operations, expendi- nuaiiy. 
tures, and condition of the Institution. — Ibid. 

SPEAKER. 

"The House of Representatives shall choose their House shaii choose 
Speaker and other officers. 77 — Const., 1, 2, 6. 

Upon the ascertainment of the fact that a quorum of when elected, 
members elect is present, and its anouncement by the 
Clerk of the last House, it is usual for the House, on 
motion of some member, immediately to "proceed, viva 
voce, to the election of a Speaker for the Con- 
gress. 7 '—Journal, 1, 35, p. 8. (See meeting of congress.) 

By the act of June 1, 1789, it is provided, that the oath oath, 
or affirmation required by the 6th article of the Constitu- 
tion of the United States shall be administered in the form 



148 SPEAKER — HIS DUTIES, ETC. 

following, to wit: "7, ,do solemnly swear, or 

affirm, (as the case may be,) that I will support the Consti- 
tution of the United States." And that it shall be admin- 

be y adS s tered. t0 isterecl to ^ m by " an y one member of the House of 
Representatives.' 7 — Stat, at Large, vol. I, p. 23. [Accord- 
ing to the usage, the member selected for this purpose is 
that one who has been longest a member of the House. — 
, Journal, 1, 26, p. 79. 

oath to be admin- By the same act he is required to administer the fore- 

istered by, to mem- . x 

bers and cierk, and going oath or affirmation "to all the members present, and 
to the Clerk, previous to entering on any other business; and 
to the members who shall afterwards appear, previous to 
talcing their seats." — Ibid. 

when, shaii act as By the act of March 1, 1792, it is provided, "that in 

President of the J . . 

united states. case f removal, death, resignation, or inability both of 
the President and Yice President of the United States, 
the President of the Senate pro tempore, and in case there 
shall be no President of the Senate, then the Speaker of 
the House of Representatives for the time being shall act 
as President of the United States until the disability be 
removed or a President shall be elected." — Stat, at Large, 
vol. I, p. 240. 

ms compensation. By the act of August 16, 1856, it is provided, "that 
the Speaker of the House of Representatives shall re- 
ceive double the compensation provided for representa- 
tives." — Stat, at Large, vol. XI, p. 48. 
(See COMPENSATION.) 

SPEAKER — HIS DUTIES, ETC. 

when to caii "He shall take the chair every day precisely at the 

House to order. J J x J 

hour to which the House shall have adjourned on the 
preceding day; shall immediately call the members to 
order; and, on the appearance of a quorum, shall cause 
the journal of the preceding day to be read. 7 ' — Rule 1. 
shaii preserve or- "He shall preserve order and decorum; may speak to 

der. 

Has preference in points of order in preference to other members, rising 

speaking to points P , . pi tiiii-i 

of order. from his seat for that purpose ; and shall decide questions 

of order, subject to an appeal to the House by any two 
members; on which appeal no member shall speak more 
than once, unless by leave of the House.' ? — Rule 2. 



SPEAKER — HIS DUTIES, ETC. 149 

" Though, the Speaker may of right speak to matters of May speak only to 

P r . . . matters of order. 

order, and be first heard, he is restrained from speaking 
on any other subject, except where the House have occa- 
sion for facts within his knowledge; then he may, with 
their leave, state the matter of fact." — Manual, p. 74; 
Journal, 1, 28, p. 1011. 

The Speaker may, in order to settle the future practice He may submit 
of the House under a certain state of circumstances, sub- what snaii be the 

practice of House. 

mita question for its decision. — Cong. Globe, 1, 26, p. 226. 

"He shall rise to put a question, but may state it shaii rise to put a 

x ^ question. 

sitting." — Rule 3. 

"Questions shall be distinctly put in this form, to wit: Form in which he 

. . shall put question. 

'As many as are of opinion that, (as the question may be,) 
say Ay? and after the affirmative voice is expressed, ' As 
many as are of the contrary opinion, say No. 1 If the 
Speaker doubt, or a division be called for, the House shall when he may 

,..,,., • i n r- divide House. 

divide; those in the affirmative of the question shall first 
rise from their seats, and afterwards those in the nega- 
tive. If the Speaker still doubt, or a count be required, 
the Speaker shall name two members, one from each side, 
to tell the members in the affirmative and negative ; which when he may 

. . have tellers. 

being reported, he shall rise and state the decision to the 

House. No division and count of the House by tellers 

shall be in order but upon motion seconded by at least 

one-fifth of a quorum of the members." — Rule 4. 

- "While the Speaker is putting any question, or ad- wwie he is putting 

r Jr o ./ i question or addres- 

dressing the House, none shall walk out of or across the sin s House - 
House; nor in such case, or when a member is speaking, 
shall entertain private discourse." — Rule 39. 

' ' If any difficulty arises in point of order during the Sha11 decide p° int 

J J l ° of order during a 

division, the Speaker is to decide peremptorily, subject Jjjjj si0n P erem P- 
to the future censure of the House if irregular." — Manual, 
p. 118. 

"It is a breach of order for the Speaker to refuse to Breach of order by, 

x not to put question 

put a question which is in order." — Manual, p. 58. wnicn is in 0,der - 

"In all cases of ballot by the House the Speaker shall when he shaii vote, 
vote; in other cases he shall not be required to vote unless 
the House be equally divided, or unless his vote, if given 
to the minority, will make the division equal; and in case 
of such equal division the question shall be lost." — 
Rule 12. 



150 SPEAKER — HIS DUTIES, ETC. 

shaii name mem- ' ' When two or more members happen to rise at 

ber entitled to floor. A * 

once, the Speaker shall name the member who is first 
to speak." — Rule 33. 
shaii can to order ' ' If any member, in speaking or otherwise, transgress 

member transgres- 

smg rules in speak- the rules of the House, the Speaker shall, or any member 

may, call to order." — Rule 35. (See order.) 
when motion shaii "When a motion is made and seconded, it shall be 

be stated by him. 

•stated by the Speaker; or. being in writing, it shall be 
handed to the Chair, and read aloud by the Clerk, before 
debated."— Rule 43. 
May require mo- "Every motion shall be reduced to writing if the 

tion to be in writ- 

m e- Speaker or any member desire it." — Rule 44. 

May put question ' * When any motion or proposition is made, the ques- 

of consideration if . . 

he deem it neces- tion 'Will the House now consider it? shall not be put 

sary. L 

unless it is demanded by some member, or is deemed 

necessary by the Speaker." — Rule 5. 
shaii examine "The Speaker shall examine and correct the journal 
Have direction ofbefore it is read. He shall have a general direction of 
Name chairman the hall. He shall have a right to name any member to 
for the day. perform the duties of the Chair, but such substitution 

shall not extend beyond an adjournment." — Rule 6. 
where in, Speaker ' ' Where the Speaker has been ill, other Speakers pro 

pro tempore ap- 
pointed, tempore have been appointed." — Manual, p. 64; Journals, 

1, b,pp. 266, 316; 1, 30,^?. 923. 
May be removed, ' ' A Speaker may be removed at the will of the House, 
tempore appointed, and a Speaker pro tempore appointed." — Manual, p. 65. 
shaiiappoint chair- "In forming a Committee of the Whole House the 
of the whole. Speaker shall leave his chair, and a chairman, to preside 

in committee, shall be appointed by the Speaker." — Rule 

125. 
He shaii appoint "All committees shall be appointed by the Speaker, 
Houseduectother- unless otherwise specially directed by the House." — Rule 

wise. . 

7. [It is usual, however, for him to await the passage 
of an order, "that the Speaker be authorized to appoint 
the regular standing committees," before announcing 
them for the session. — Journal, 1, 35, p. 55. But this 
would seem to be unnecessary in view of the foregoing 
rule.] (See committees.) 
He shaii appoint By the act of August 10, 1846, he is required to 

three Regents of the J TT , „ ,, 

Smithsonian insti appoint from the members of the House, on the iourtn 

tution. L x „ 

Wednesday in December of the first regular session ol 



SPEAKER — HIS DUTIES, ETC. 151 

every Congress, three Regents of the Smithsonian Insti- 
tution. — Stat, at Large, vol. IX, p. 102. 

1 ' In case of any disturbance or disorderly conduct in He may order the 
the galleries or lobby, the Speaker (or chairman of the to be'dearTd. 10 by 
Committee of the Whole House) shall have power to order 
the same to be cleared." — Bute 16. 

' ' Members having petitions and memorials to present shaii have control 

7 -, ,, , ~, . . and direction ofpe- 

may nana tnem to the Clerk, endorsing the same with titions presented. 
their names, and the reference or disposition to be made 
thereof; and such petitions and memorials shall be en- 
tered on the journal, subject to the control and direction 
of the Speaker; and if any petition or memorial be so 
handed in, which, in the judgment of the Speaker, is 
excluded by the rules, the same shall be returned to the 
member from whom it was received.' 7 — Rule 24. 

1 ; Stenographers and reporters, other than the official May admit report- 
reporters of the House, wishing to take down the debates, his chair. 
may be admitted by the Speaker to the reporters' gallery 
over the Speaker's chair, but not on the floor of the 
House; but no person shall be allowed the privilege of said 
gallery under the character of stenographer or reporter 
without a written permission of the Speaker, specifying 
the part of said gallery assigned to him; nor shall said 
stenographer or reporter be admitted to said gallery un- 
less he shall state in writing for what paper or papers he 
is employed to report; nor shall he be so admitted, or, if 
admitted, be suffered to retain his seat, if he shall be or 
become an agent to prosecute any claim pending before 
Congress; and the Speaker shall give his written permis- 
sion with this condition." — Rule 18. 

' ' All acts, addresses, and joint resolutions, shall be shaii sign acts, 

writs &c« 

signed by the Speaker; and all writs, warrants, and sub- 
poenas, issued by order of the House, shall be under his 
hand and seal, attested by the Clerk." — Rule 15. 

By the act of August 16, 1856, the Speaker is required shaii certify com- 

. i'it nii pensationofmem- 

to certify the compensation which shall be due to theirs, 
representatives and delegates — Stat at Large, vol. XI, p. 
48; and by Rule 70 it is provided that the checks pre- And sign checks, 
pared by the Sergeant-at-Arms for pay and mileage of 
members shall be signed by the Speaker. 



152 SPEAKER — HIS DUTIES, ETC. 

shaii fix amount By Rule 71 it is provided that the bond of the Sergeant- 

and approve surety 

of ser g eant-at- at-Arms shall be in a sum not less than five nor more than 

Arms' bond. 

ten thousand dollars, at the discretion of the Speaker, and 
with surety to be approved by the Speaker. 
Divine service in " No person shall be permitted to perform divine ser- 

the hall only with 

his consent. vice in the chamber occupied by the House of Represent- 
atives unless with the consent of the Speaker.' 7 — Rule 
140. 

shaii have disposal "The unappropriated rooms in that part of the Capitol 
' assigned to the House shall be subject to the order and 
disposal of the Speaker until the further order of the 
House."— Rule 147. 

with the President By the act of May 2, 1828, the Speaker is authorized, 

of Senate may pre- p 

scribe rules in re- iQintlv with the President oi the Senate, to prescribe 

gard to Capitol not J J i 

house exclusive? 6 ' ri ^ es an( ^ regulations "for the care, preservation, orderly 
keeping, and police of all such portions of the Capitol, 
its appurtenances, and the enclosures about it, and the 
public buildings and property in its immediate vicinity, 
as are not in the exclusive use and occupation of either 
house of Congress," which rules, <fec, shall be obeyed by 
the Commissioner of Public Buildings. — Stat, at Large, 
vol IV, p. 266. 

shaii prescribe It shall also be the duty of said commissioner " to obey 

rules in regard to J 

part of capnoi in sucn rules and regulations as may be, from time to time, 

use of House. ° . ' 

prescribed by the presiding officer of either house of 
Congress, for the care, preservation, orderly keeping, and 
police of those portions of the Capitol and its appurte- 
nances which are in the exclusive use and occupation of 
either house of Congress respectively. — Ibid. 
with the president The " necessary assistants " of said Commissioner " shall 

of Senate, shall fix v . . 

pay of police. receive a reasonable compensation lor their services, to 
be allowed by the presiding officers of the two houses of 
Congress;" one moiety of said sums to be paid out of the 
contingent fund of the House. — Ibid. 

Duty of, on report By the act of January 24, 1857, it is provided that 

thcit witness foils 

to testify. where a witness, summoned by the authority of the House 

to testify before the House or any of its committees, 
"shall wilfully make default, or who, appearing, shall 
refuse to answer any question pertinent to the matter of 
inquiry in consideration,' 7 "and the facts shall be reported 



SPEAKER PRO TEMPORE — SPEAKER^ TABLE — SPECIAL ORDERS. 153 

to the House, it shall be the duty of the Speaker of the 
House to certify the facts under the seal of the House to 
the district attorney for the District of Columbia." — Stat, 
at Large, vol. XI, p. 156. (See witness.) 

By the act of August 26, 1852, it is made the duty of shaii be present at 

in • -i n -r» i i • t» ' • • • opening of bids for 

the Superintendent of Public Printing to open the pro- P a P er « 
posals for furnishing paper for the public printing, in the 
presence of the President of the Senate and the Speaker 
of the House of Representatives, on the first Tuesday 
after the first Monday of December, annually, or as soon 
thereafter as a Speaker shall be elected. — Stat, at Large, 
vol. X, p. 31. 

SPEAKER PRO TEMPORE. 

"The Speaker shall have a right to name any member speaker may name, 

. . . for the day. 

to perform the duties of the Chair, but such substitution 
shall not extend beyond an adjournment." — Bute 6. 

"Where the Speaker has been ill, other Speakers pro Appointed where 

r r x Speaker is ill. 

tempore have been appointed." — Manual, p. 64; Journals, 
1, 5,#p.266, 316; 1, 30, p. 923. 



(See business on speaker's table.) 

SPECIAL ORDERS. 

Special orders are made under a suspension of the Made under a sus- 
pension of the 

rules. — Journal, 1, 31, 1176. [And of course (unless rules - 
unanimous consent is given for the purpose — Journal, 1, 
30, p. 580) can only be made when a motion to suspend the 
rules is in order.] 

It requires a two-thirds vote to make a special order, it requires two- 

^ L ' thirds to make. 

it being a change of the established order of business. — 
Journals, 1, 23, p. 785; 3, 21, p. 355; 1, 31, p. 1096. 

The usual form of resolution for making a special order Form of resolution 

° L for making. 

is, ' ' that the (here describe the bill or whatever else it 

may be) be made the special order for the day of , 

and from day to day until the same is disposed of." — Jour- 
nal, 1, 31, p. 1176. [In which case, after the arrival of the 
time fixed, or the disposal of a special order previously 



154 STATIONERY. 

made, it takes precedence of all other business until it is 
disposed of.] 

other forms. Sometimes the words ' 'Fridays and Saturdays excepted" 

are inserted. — Journal, 1, 30, p. 692. [In which case the 
consideration of private bills may be proceeded with on 
those days, but it is otherwise where these words are 
omitted. — Journal, 1,32, pp. 401,433.] And sometimes the 
words "and from day to day until disposed of" are 
omitted. — Journal, 1, 31, p. 522. In which case, if the 
matter made a special order is not taken up, or, if taken 
up, is left undisposed of on the day fixed, thereafter it 
loses its specialty. — Ibid., pp. 631, 897. 

May be postponed, ^ S p ec i a i order may be postponed by a majority vote.— 
Journal, 1, 29, p. 1170. 

Sme re day. wo ' on Where two special orders are made for the same time 
the one first made takes precedence. — Cong. Globe, 1, 26, 
p. 325. [The other, according to the practice, if made for 
that day, and "from day to day," will come up as soon 
as the one first made is disposed of.] 

Motion to suspend Pending; a special order, it is not in order to move a 

rules not in order ° r 

pending. suspension of the rules, the special order having been 

made under a suspension of the rules. — Cong. Globe, 2, 
29, p. 439. 

STATIONERY. 

Jo°ntr e a ?[! )cured by B y the act of August 26, 1842, it is provided that all 
stationery, of every name and nature, for the use of the 
House of Representatives, shall be furnished by contract 

Fofprop osl v . ertiseb y the lowest bidder. The Clerk of the House of Rep- 
resentatives shall advertise, once a week for at least four 
weeks, in one or more of the principal papers published 
in the city of Washington, for sealed proposals for fur- 
nishing such articles, or the whole of any particular class 
of articles, specifying in such advertisement the amount, 
quantity, and description of each kind of articles to be 
furnished; and all such proposals shall be kept sealed 
until the day specified in such advertisement for opening 

bl openedf ^ 18 10 the same, when they shall be opened by or under the 
direction of the Clerk, in the presence of at least two 
persons; and the person offering to furnish any class of 



STATIONERY. 155 

such articles, and giving satisfactory security for the to whom contract 
performance thereof, under a forfeiture not exceeding 
twice the contract price in case of failure, shall receive a 
contract therefor; and in case the lowest bidder shall 
fail to enter into such contract and give such security 
within a reasonable time, to be fixed in such advertise- 
ment, then the contract shall be given to the next lowest 
bidder, who shall enter into such contract and give such 
security. And in case of a failure to supply the articles Liability of con . 
by the person entering into such contract, he and his su^pYy. ailms 
sureties shall be liable for the forfeiture specified in such 
contract, as liquidated damages, to be sued for in the 
name of the United States in any court having jurisdic- 
on thereof. — Stat, at Large, vol. V, pp. 526, 527. 
By a resolution of the House of March 4, 1842, the p re f er ence given 

ni -\ • j- ± -\ - l • i n • j_* j_* to American man- 

(Jlerk is directed, m ms purchase ot stationery, to give ufacmre. 
preference, in all cases, to American manufactures, pro- 
vided they be equally cheap and of as good quality; and Record of buis and 
to cause to be recorded, in a well bound book suited to kept! 
that purpose, the bills and invoices of all the stationery 
he may purchase from time to time ; and to deliver to the to be delivered to 
postmaster of the House such kind and quantities of sta- 
tionery as, from time to time, may be necessary for the 
use of the House, keeping an accurate account of the 
same, and also of the quantity and value of that used in 
the Clerk's office; and in his annual contingent report Report of quantity 
state accurately and distinctly the quantity and cost of annually. 
the stationery used by the House and the Clerk's office 
separately. — Journal, 2, 27, pp. 476, 495. 

By a resolution of the House of the same date, the Allowance of, to 
postmaster of the House is authorized and required to 
deliver to each member of the House the usual .articles 
of stationery furnished to members to an amount not ex- 
ceeding in value, at the cost price in the stationery room, 
the sum of $45 for the long and $25 for the short session 
of Congress. [This sum fixed by resolution of September 
24, 1850. — Journal, 1, 31, p. 1510.] To keep a true and Postmaster to keep 
accurate account of all stationery which he may so deliver ered to members, 
to the several members of the House; and if, in any case, r n case member 

, i Ti • t • -receives morethan 

a member snail require and receive a greater amount ot his allowance. 



156 STENOGRAPHERS — STRIKE OUT, MOTION TO. 

stationery, during either session, than is above provided, 
the postmaster shall, before the close of such session, 
furnish to the Sergeant-at-Arms an account of such excess 
beyond the amounts respectively above specified, who is 
hereby required to deduct the amount of such excess 
from the pay and mileage of such members, and refund 
Limitation of, not the same into the treasury : Provided. That this limita- 

to apply to folding- m % 

paper. tion is not to be made applicable to the use of envelope 

paper which may be required in the folding-room. — 
Ibid., pp. 480, 481, 485, 495. 

is furnished for By a resolution of the House of March 5, 1842, the 

use of committees " 

order airman ° r ° n postmaster is authorized to deliver, for the use of the 
several committees of the House, such stationery as may 
be required for that purpose by the respective chairmen 
of such committees, keeping a true and accurate account 
of the quantity and cost of all so delivered. Stationery 
for the use of any committee not to be furnished except 

Not to be furnished to the acting chairman thereof or to his order; nor to any 

except to members ° ' * 

and officers. one exce pt to the members of the House and its officers. — 
Journal, 2, 27, pp. 485, 495. 

STENOGRAPHERS. 
(See REPORTERS.) 

STRIKE OUT, MOTION TO. 

And insert indivis- "Amotion to strike out and insert shall be deemed 

ible. 

Effect of negative indivisible: but a motion to strike out being lost shall 

vote on. 

preclude neither amendment nor a motion to strike out 

and insert." — Rule 53. 

May perfect before "If it is proposed to amend by striking out a para- 
question is put on. . . 
graph, the friends of the paragraph are first to make it 

as perfect as they can by amendments before the question 

is put for striking it out." — Manual, p. 105. 

And insert a pre- Where it is voted affirmatively to strike out certain 

vailing, A cannot ^ 

B e inserted.° ut and wor< ^ s anc * insert A, it is not afterwards in order to strike 



But a portion of "After A is inserted, however, it may be moved to 

original paragraph 



out A and insert B. — Ibid., p. 106. 
"After A is inserted, however, 
maJ P be. hending A strike out a portion of the original paragraph, compre- 
hending A, provided the coherence to be struck out be 
so substantial as to make this effectively a different propo- 
sition. " — Ibid. . 



STRIKE OUT ENACTING CLAUSE — TELLERS. 157 

STRIKE OUT ENACTING CLAUSE. 
(See ENACTING CLAUSE, MOTION TO STRIKE OUT.) 
SUBPOENAS. 

All subpoenas issued by order of the House shall be to be underhand 

x and seal of the 

under the hand and seal of the Speaker, attested by the speaker, and at- 

L ' J tested by Clerk. 

Clerk.— ifafe 15. 

SUNDAY. 

It is for the House, and not for the Speaker, to deter- For House to de- 

-, ., ji tt in i- • • r, termine whether 

mine whether the House shall continue m session alter session snaii con- 

. tinue on Sunday. 

twelve o clock on Saturday night. — Journal, 1, 24, pp. 

577, 582. 

TAXES. 

' ' No motion or proposition for a tax or charge upon Motion for, to be 
the people shall be discussed the day on which it is made committee* of the 

. . Whole. 

or offered ; and every such proposition shall receive its 
first discussion in a Committee of the Whole House." — 
Rule 131. 

' ' No sum or quantum of tax or duty voted by a Com- so also with mo- 
mittee of the Whole House shall be increased in theortimeofcontinu- 

d m m ance. 

House until the motion or proposition for such increase 
shall be first discussed and voted in a Committee of the 
Whole House ; and so in respect to the time of its con- 
tinuance." — Rule 132. 

TELLERS. 

On putting a question, "if the Speaker doubt, or a 
division is called for, the House shall divide; those in the 
affirmative of the question shall rise first from their seats, 
and afterwards those in the negative. If the Speaker speaker in case of 

" doubt on a division 

still doubt, or a count be required, the Speaker shall may « a ™ e - 
name two members, one from each side, to tell the mem- 
bers in the affirmative and negative; which being reported, 
he shall rise and state the decision to the House. No 
division and count of the House by tellers shall be in 
order but upon motion seconded by at least one-fifth of a 0ne - nrthofa( i uo - 

* J rum may require. 

quorum of the members." — Rule 4. 



158 TERRITORIES, COMMITTEE ON THE — UNFINISHED BUSINESS. 

in the election of [In the election of a Speaker, it is the invariable prac- 
tice of the Clerk to name four members to act as tellers 
of the vote; and in the election of the other officers the 
same number of tellers are named by the Speaker. Such 
tellers are usually selected from the different political 
parties of which the House is composed.] 

TERRITORIES, COMMITTEE ON THE. 

when appointed^ There shall be appointed, at the commencement of each 

and number of. . • r • 

session, a Committee on the Territories, to consist ol nine 
members. — Rule 76. 
its duties. ' ' It shall be the duty of the Committee on the Territories 

to examine into the legislative, civil, and criminal pro- 
ceedings of the Territories, and to devise and report to 
the House such means as, in their opinion, may be neces- 
sary to secure the rights and privilges of residents and 
non-residents." — Rule 95. 

THANKS TO THE SPEAKER. 

Resolution of, in A resolution of thanks to the Speaker is, under the 

order at any time. . . ... - 

practice, a privileged question, and is in order at any 
time.— Journals, 2, 20, p. 385; 1, 23, p. 879. 

TIE VOTE. 

in case of, speaker "In all cases of ballot by the House, the Speaker shall 

shall vote; also _ 

when his vote will vote ; m other cases he shall not be required to vote 

make. ' x 

unless the House be equally divided, or unless his vote, 
if given to the minority, will make the division equal; 
and in case of such equal division the question shall be 
lost. 7 '— Rule 12. 
who may move to A member who has voted with the prevailing side (the 

reconsider in case _ _ x <-> \ 

of - negative side, according to the foregoing rule) on a tie vote 

is entitled to move a reconsideration. — Journal, 1, 30, 
p. 1080. (See reconsideration.) 

UNFINISHED BUSINESS. 

of preceding day, The unfinished business in which the House was en- 

when to have pref- 
erence, gaged at the last preceding adjournment shall have pref- 
erence in the orders of the day; and no motion on any 
other business shall be received, without special leave of 



VETO. 159 

the House, until the former is disposed of. — Rule 58. 

[The "orders of the day" in which this class of business when, first tmsi- 

. ness in order next 

has preference only come up in order, according to the day. 
21th rule, after the messages, communications, and bills 
on the Speaker's table are disposed of.] According to 
the practice, however, if before an adjournment, the 
previous question is seconded, or the main question or- 
dered, that subject is the first business in order at the 
next meeting of the House. — Journal, 2, 28, p. 310; 1, 35, 
pp. Ill, 853, 855. 

11 After six days from the commencement of a second of the preceding 
or subsequent session of Congress, all bills, resolutions, or resumed, 
reports which originated in either house, and at the close 
of the next preceding session remained undetermined in 
either house, shall be resumed and acted on in the same 
manner as if an adjournment had not taken place." — Joint 
Rule 21. 

The 22d rule makes similar provision for the resumption 
of all bills, resolutions, or reports which originated " in 
the House." 

When bills and reports from the Court of Claims to Reports from court 
the House are left undisposed of at the end of a Congress, posed of at end of 

Congress. 

the bills are to be again read twice and referred to the 
Committee of Claims, and the adverse reports restored 
to the private calendar, at the commencement of the next 
Congress. — Journal, 1, 35, ^p. 134, 135. 

VETO. 

Where a bill, having passed both houses, shall be pre- 
sented to the President of the United States, "if he ap- 
prove he shall sign it, but if not he shall return it, with Return of bin with 
his objections, to that house in which it shall have origi- dem? 1 ' 008 ° 
nated, who shall enter the objections at large on their objections to be 

■i -. -. . ' i • L -to r, i entered on journal. 

journal and proceed to reconsider it. 11, after such re- 
consideration, two-thirds of that house shall agree to pass proceedings on 
the bill, it shall be sent, together with the objections, to ve 
the other house, by which it shall likewise be reconsid- 
ered, and if approved by two-thirds of that house it shall 
become a law. But in all such cases the votes of both Yeas and nays on 
houses shall be determined by yeas and nays, and the™ 



60 YETO. 

names of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. If 

SStelS an y bil1 sha11 not be returne(i by the President within ten 
days (Sundays excepted) after it shall have been presented 
to him, the same shall be a law, in like manner as if he 
had signed it, unless the Congress by their adjournment 
prevent its return, in which case it shall not be a law." — 
Const, 1, 7, 10. 

similar rules a P - A similar provision is made in the case of orders, reso- 

plicable to orders, ^ . 

resolutions, and lutions, or votes presented to the President for his ap- 

votes. x x 

proval. — Ibid., 1, 7, pp. 10, 11. 
veto message read Whenever a bill is returned to the House with the ob- 

upon its being re- t 

ceived. jections of the President, it is usual to have the message 

containing his objections immediately read — Journals, 1, 28, 
pp. 1081, 1084; 1, 29, pp. 1209, 1214; 2, 33,^. 397, 411; 

And bin reconsid-i 34 p, 1420; and for the House to proceed to the re- 

ered or postponed. ■*■ ' x 

But not where less consideration of the bill — Ibid., or to postpone its recon- 

than a quorum pre- . ■, 

sent. sideration to a future day — Ibid., 1, 21, p. 742. But not 

where less than a quorum is present — Ibid., 33, p. 1341. 

ml' be r refSreTor ^ ve ^° message and bill may be referred, or the message 
bin laid on table. alone? and t h e bill may be laid on ttie table.— Journal, 2, 27, 

pp. 1253,1254,1256,1257; Cong. Globe, same sess., p. 875. 
Main question on The main question in the consideration of a vetoed bill 

vetoed bill. J 

is " Will the House on reconsideration agree to pass the 
bill."— Journals, 2, 27, p. 1051; 1, 28, p. 1085; 1, 29, 
p. 1218, Ac. 
Two-twrds of mem- The "two-thirds" by which a vetoed bill is required 

bers present neces- 
sary to pass vetoed t be approved before it becomes a law has been con- 
strued in both houses to mean " two-thirds of the members 
present."— Journal, 1, 34, pp. 1176, 1178, 1420, (in all of 
which cases one hundred and fifty-six affirmative votes 
would have been necessary to pass the bills, if " two-thirds 
of the members elected" had been required,) and Senate 
Journal, 1, 34, p. 419. 
Motion to ; P roceed A motion to proceed to the consideration of a vetoed 

to consider, a privi- r . 

leged question. \y[\\ w fth the objections of the President, is a privileged 

question under the Constitution. — Cong. Globe, 2, 27, p. 

905; 2, 28, p. 396. 

of° vote n on d vetoed ^ vote on tne P assa g e °f a vetoed bill cannot be recon- 

bin " sidered.— Cong. Globe, 1, 28, pp. 672, 677; Journal, same 

sess., p. 1093 to 1098. 



VIVA VOCE — VOTING. 161 

Where the President does not approve a bill, and is where Present 

- 1 x prevented by ad- 

prevented by the adjournment of Congress from return- g;?™^ 1 ^ 
ing it with his objections, it is usual for him to inform the option*. 
House wherein it originated, at the next session, of his 
reasons for not approving it. — Journals, 2, 12, p. 544; 1, 
30, p. 82; 2, 35, p. 151. 

VIVA VOCE. 

" In all cases of election by the House of its officers 
the vote shall be taken viva voce." — Rule 14. 

(See ELECTIONS BY THE HOUSE.) 
VOTING. 

"Questions shall be distinctly put in this form, to wit -.Different modes or, 

viz: 

'As many as are of opinion that, (as the question may be,) By the voices, 
say Ay? and after the affirmative voice is expressed, 
'As many as are of the contrary opinion, say No. 1 If 
the Speaker doubt, or a division be called for, the House By a division, 
shall divide: those in the affirmative of the question shall 
first rise from their seats, and afterward those in the nega- 
tive. If the Speaker still doubt, or a count be required, By teiiers,i \i 
the Speaker shall name two members, one from each side, 
to tell the members in the affirmative and negative; 
which being reported, he shall rise, and state the de- 
cision of the House. No division and count of the 
House by tellers shall be in order but upon motion 
seconded by at least one -fifth of a quorum of the mem- 
bers." — Rule 4. "And the yeas and nays of the mem- By yeas and naySt 
bers of either house on any question shall, at the desire 
of one-fifth of those present, be entered on the journal." — 
Const., 1, 5, 9. 

(See YEAS AND NAYS.) 

" If any question arises in point of order during the pointof order while 

t • • -i n i i • i «i • engaged in. 

division, the fepeaker is to decide peremptorily, subject 
to the future censure of the House if irregular." — Man- 
ual, p. 118. 

"Every member who shall be in the House when the Every member m 

i n • i • i ii rr i n House sna " Vi>ie f 

question is put shall give his vote, unless the House shall unless excused. 
11 



162 VOTING WARRANTS, WRITS, ETC. 

when motion tobe excuse him. All motions to excuse a member from voting 

excused from, to ° 

be made. shall be made before the House divides, or before the 

call of the yeas and nays is commenced; and the question 
shall then be taken without debate." — Rule 42. 

No member to vote " *§o member shall vote on any question in the event 

where interested or J ~l 

without the bar. f wn i c h h e [ s immediately and particularly interested, 
or in any case where he was not within the bar of the 
House when the question was put. And when any mem- 
ber shall ask leave to vote, the Speaker shall propound 
to him the question, " Were you within the bar when 
your name was called?" — Rule 40. 

No member to vote "Upon a division and count of the House on an} 7 ques- 

if without bar. 

tion, no member without the bar shall be counted."— Rule 
41. 

'(See BAR OF THE HOUSE.) 

Member of a con- A member of a committee of conference absent when 

ference no tight *&""'.. 

vote - his name is called has no right to have his vote re- 

corded. — Journal, 1, 32, p. 1110. 
unanimous con- But, according; to the practice, a member absent by 

sent usually given ° x 

SeirtT leave? ab ~l eav,e °f tne House is usually permitted by a vote of the 
House, or by unanimous consent, to have his vote recorded; 
but not after the result is announced, unless his vote will 

femwithout e i r e e avt not cnan g e tne result. — Journal, 1, 23, p. 616. But a 
single case is known where a member absent without 
leave at the time his name was called has been permitted 
to vote. — Journal, 2, 28, p. 532. 

Member has right A member has the right to change his vote before the 

to change vote be- 
fore decision final- decision of the question has been finally and conclusively 

ly pronounced. ± J * 

pronounced by the chair. — Journal, 2, 20, pp. 357, 358. 

[But not afterwards.] 

Record of vote, if And it is not competent for a member to have the jour- 
correct cannot be 
amended because na i amended so as to have the record of his vote changed, 

of misapprehension ° ' 

of question. upon a representation that such vote, though recorded as 
given, was given under a misapprehension. — Journals, 2, 
8, p. 167; 2, 27, p. 263. 

WARRANTS, WRITS, ETC. 

To be signed by All writs, warrants, and subpoenas, issued by order of 

Speaker and at- ' r ' J 

tested by cierk. the House, shall be under the hand and seal of the 
Speaker, attested by the Clerk. — Rule 15. 



WAYS AND MEANS, COMMITTEE OP. 163 



WAYS AND MEANS, COMMITTEE OF. 

There shall be appointed, at the commencement of each when appointed 

and of what nuiu- 

session of Congress, a Committee of Ways and Means, to b er. 
consist of nine members. — Rule 76. 

"It shall be the duty of the Committee of Ways and its duties. 
Means to take into consideration all such reports of the 
Treasury Department, and all such propositions relative 
to the revenue as may be referred to them by the House; 
to inquire into the state of the public debt or the revenue 
and of the expenditure, and to report, from time to time, 
their opinion thereon; [to examine into the state of the 
several public departments, and particularly into the 
laws making appropriations of moneys, and to report 
whether the moneys have been disbursed conformably 
with such laws; and also to report, from time to time, such 
provisions and arrangements as may be necessary to add 
to the economy of the departments, and the accountability 
of their officers.]* 

^In preparing bills of appropriations for other objects, 
the Committee of Ways and Means shall not include ap- 
propriations for carrying into effect treaties made by the 
United States; and where an appropriation bill shall be 
referred to them for their consideration, which contains 
appropriations for carrying a treaty into effect, and for 
other objects, they shall propose such amendments as 
shall prevent appropriations for carrying a treaty into 
effect being included in the same bill with appropriations 
for other objects." — Rule 78. 

" It shall also be the duty of the Committee of Ways rts duty in regard 

j ... to general appro- 

and Means, within thirty days after their appointment, atP riation bills - 
every session of Congress, commencing on the first Mon- 

*That portion of the duty of the Committee of Ways and Means which 
is printed within brackets was originally adopted on the 7th January, 1802. 
On the 26th February, 1814, the Committee on Public Expenditures was 
created and added to the list of standing committees. The duties of this 
latter committee are exactly those contained in that portion of the duties 
of the Committee of Ways and Means which is referred to in this note as 
within brackets. The words ought to be stricken from the specification of 
the duties of the Committee of Ways and Means. 



164 WITNESS. 

day of December, to report the general appropriation 
bills for the civil and diplomatic expenses of government; 
for the army; for the navy; and for the Indian depart- 
ment and Indian annuities; or, in failure thereof, the 
reasons of such failure." — Rule 79. (See appkopriation 

BILLS. ) 

The rule just recited does not authorize the Committee 
of Ways and Means to report the general appropriation 
bills at any time, except upon a call of the committees 
for reports. — Journal, 3, 34, p, 155. 
A SyaSk!° em ' ^e Committee of Ways and Means is authorized by 
resolution of February 18, 1856, to employ a clerk. — 
Journal, 1, 34, p. 557. 

WITNESS. 

summoned by or- Witnesses are summoned in pursuance of an order of 

der of the House. x 

the House, usually by virtue of its authority conferred 

upon a committee "to send for persons and papers." — 

Journal, 1, 35, pp. 88, 175. 

undS^htJ and ^ subpoenas issued by order of the House shall be 

atte S °ted P by cS d un ^er the hand and seal of the Speaker, attested by the 

Clerk.— Rule 15. 
bSfe^ecut/suT ^ ne Sergeant-at-Arms shall execute the commands of 
pcBnas directeu to ^ House froin time to time, together with all such pro- 
cess issued by authority thereof, as shall be directed to 
him by the Speaker. — Rule 67. 
2ter°oShs to dniin " ^ ne Speaker of the House of Representatives, a chair- 
man of a Committee of the Whole, or a chairman of a 
select committee — Stat, at Large, vol. I, p. 554 — and 
the chairman of any standing committee, shall be em- 
powered to administer oaths or affirmations to witnesses 
in any case under their examination. — Stat, at Large, 
vol. Ill, p. 345. 
Fee * of - " The rule for paying witnesses summoned to appear 

before this House, or either of its committees, shall be 
as follows: For each day a witness shall attend, the sum 
of two dollars; for each mile he shall travel in coming <to 
or going from the place of examination, the sum of ten 
cents each way; but nothing shall be paid for travelling 



WITNESS — WRITING — YEAS AND NAYS. 165 

home when the witness has been summoned at the place 
of trm\."— Rule 141. 

The failure or refusal of a witness to appear, or refusal Failure of, to ap - 

x L pear or testily. 

to testify, is a breach of the privileges of the House, and 

has been punished by commitment to the custody of the Penalty for failure 

r J of, to appear or tes- 

Sergeant-at-Arms, by expulsion from the floor as a re- im- 
porter, and by commitment to the common jail of the 
District of Columbia. — Journals, 1,12, pp. 276, 277; 2, 33, 
pp. 315, 318; 2, 34, pp. 269, 277, 281, 384, 567; 1, 35, 
pp. 371, 387 to 389, pp. 535 to 539. 

Any person summoned as a witness bv authority of the Failure of, to a P - 

pear or testify. Ad- 

House to give testimony or to produce papers upon any ditionai penalty, 
matter before the House or any committee thereof, who 
shall wilfully make default, or who, appearing, shall re- 
fuse to answer any question pertinent to the matter of 
inquiry in consideration before the House or committee 
by which he shall be examined, shall, in addition to the 
pains and penalties now existing, be liable to indictment 
as for a misdemeanor. And when a witness shall fail to Duty of speaker on 
testify, as above, and the facts shall be reported to the a ' 
House, it shall be the duty of the Speaker to certify the 
fact, under the seal of the House, to the district attorney 
for the District of Columbia. — Stat, at Large, vol. XI, pp. 
155, 156. 

WRITING. 

' ' Every motion shall be reduced to writing if the Motions to be re- 

^ duced to. 

Speaker or any member desire it." — Bute 4:4:. 

"If a member be called to order for words spoken in words excepted to 
debate, the person calling him to order shall repeat the S. 
words excepted to, and they shall be taken down in writing 
at the Clerk's table."— Bute 36. 



to be taken down 



YEAS AND NAYS. 



"The yeas and nays of the members of either house May be taken « 
on any question shall, at the desire of one-fifth of those Sof those £S£ 
present, be entered on the journal."— Const, 1, 5, 9. **" 
"And in all cases" (on the passage of a vetoed bill) "the mm be taken on 
votes of both houses shall be determined by yeas andlff ,geofaveloed 



166 YEAS AND NAYS. 

nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house re- 

f^r^mIybe d 3e ds P ectivel > r •' , — Ibid., 1, 7, 10. The yeas and nays may 
be called for while a vote on a division or by tellers is 
being taken— Cong. Globe, 2, 28, p. 121-or while the Speaker 
is announcing the result of such vote — Ibid. , 1, 29, p. 420 — 
or even after the announcement and before passing to any 
. other business — Ibid., 1, 31, p. 277 — but not after the result 
is announced, if delayed until the Speaker shall be in the 
act of putting another question. — Journal, 1, 32, p. 254. 

After refusal of,not it is not in order to repeat a demand for the yeas and 

in order to repeat r J 

demand. nays which has been once refused. — Cong. Globe, 1, 29, 

p. 304; 2, 30, p. 623: Journal, 1, 33, p. 939. 
Order of, or refusal An order of the veas and navs — Journals, 1,19, p. 796 : 1, 

of, may be recori- J J - - 7 * 7 

s.dered. 39^ p m 405 — or a refusal of the yeas and nays — Cong. Globe, 

2, 30, p. 623 — may be reconsidered. 
Not. in order on The yeas and nays cannot be demanded on seconding 

seconding previous . 

question. a demand for the previous question. — Journal, 2, 19, p. 493. 

Nor in committee Nor can they be taken on any question in Committee of 

of the Whole. , __, , _. ._,, ., _^ .. _ 

the Whole.— Cong. Globe, 1, 28, p. 618. 
in taking, names "In taking; the yeas and nays on any question the names 

to be called alpha- ° J J \ -o ? 

beticaiiy. f the members shall be called alphabetically." — Rule 

no person to visit g2. And while they are being taken, no member or 

Clerk's desk while J ° 

being taken. other person shall visit or remain by the Clerk's table. — 

Rule 39. 
no debate after one After the yeas and nays are ordered and a member has 
response on ca answere( j to his name, the roll call must progress without 

debate.— Cong. Globe, 1, 31, p. 1686. 
(See voting.) 



§7 Mar. -860 




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